The High Court · 2025

Judgment

2. The Union of lndia, Represented by its Secretary, Ministry of External affairs, South Block, New Delhi 1 10 0't 1 . The Regional Passport Officer, D. No. 8-2-21 5 to 219, Near Prashant Theatre, Kummarguda, Secunderabad, Telangana -500 003 ...PETITIONER ...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction, more preferably in the nature of Writ of Mandamus, declaring the action of 2nd Respondent in not renewing the passport bearing No. C7311990 of petitioner for 10 years as illegal, arbitrary and unconstitutional being violative of Articles 19 (2) and 19 (3) of the Constitution of lndia and violative of principles of natural justice and to consequently direct the 2nd Respondent to forthwith renew the passport bearing No. C731 1990 of the petitioner for a period of 1 0 years, under Section 1 0 of Passports Act, 1967 and under Rule '12 of Passport Rules, 1980 without reference to the criminal proceedings pending against the petitioner in C.C. No. 144 of 2024 on the file of the Honourable Principle SPE and ACB Cases Curn lV Additional Chief Judge, Nampally, Hyderabad in the interest of justice lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respoMent herein to renew the passport bearing No. C7311990 of the petitioner fror a period of '10 years, peflding disposal of the writ petition, in the interest of justice Counsel for the Pr-.ti ioner: SRl. VENKAT REDDY KODUMUtIY Counsel for the Reslrondents: SRI GADI PRAVEEN KUMAR Deputy Solicitor General of lndia The Court made the following: ORDER HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.22132 of 2025 ORDER: Heard learned counsel for the petitioner and learned standing counsel for Central Government appearing for respondent Nos.1 and 2. With their consent, this writ petition is being taken up for disposal at the stage of admission itself.

2. This Writ petition is filed seeking the follorn,ing prayer:- "to declare tle action of 2d Respondent in not reneu,irtg the ptssport beaing No.C7311990 of petitioner for 10 years as illegnl, arbitrary and unconstitutional being ttiolatizte of Articles 79 (2) and 19 (3) of the Constitution of lndia and oiolntioe of pinciples of nntural justice tnd to consequently ilirect tlrc 2,,d Resryndent to fortluoith reneru tlrc passport bening No.C731.1990 of the petitioner for a period of 70 ycars under Section 10 of Passports Act, 1967 nnd under pvile 12 of Passport Rules, 1980 ruithout reference to the ciminol ytroeedings ptnding ngninst llrc petitioncr in C.C No.L44 of 2024 on tfu fLe of the flottourablc Prirn'iple SPE and ACB Caxs Cum lV Atlditiontl Cltief ludge, Nmupolly, Hyderabad."

3. Brief facts stated in this writ petition arc that thc petitioner is a partner in M/s.LCGC Gruham Infra projects LLP and the petitioncr on cxpiry of his passport bearing No.117853, made an application and requested respondent authorities to rencw the passport. I{orvcver, thc same was rejected by respondent No.2 on thc ground of pending C.C.t.,-os.892 and 144 of 2024 on the file of learned PrincipL. SPE and ACB Cases Cum lV Aclclitional Chief Judge, Nampally, I{i,dcrabad. Challcnging the said action, petitioner fikrd W.P.No.370 of 2025 and this Cout ztidc order dated 2

06.0'1.2025 passed the following order:- "4. This Oourt is accordingly of the view that the lYrit petition con be disposed of directing the respondent No.2 to take steps for renewal of the passport in due compliance of the findings of the Hon'ble Suprerme Court in l'angala Kasturi Raagacharyulu (supra). The petilioner shall however c,tmply v,ith the following conditiorc: (i) Thc pe'itioner shall submit an undertaking along with an affidat'it beftn'e the learned Principal SPE and ACB cases-cwn-V Additional Chief JudEe, Nampally, Hyderabad, in C.C.No.892 of 2t)24 .stating that the pe titioler will not leave India during pendency of the C.C. without permission of the Court and that the petitioner will cooperate with the Trial ('ourr in concluding the criminal proceedings. (ii) The Tr ial Court shall issue a certified copy of the undertaking and affidair u',thin 2 weeks from the date offiling of the undertaking. (iii) 'tha tvtitioner shall submit the certiJied cop)l o,l the aforesaid underrakin;1 before the concerned Passport Oficer fitr considerotion of his upplicu'ion for renewal ofpassporl. (iv) The Pas.sport Authority shall consider the documents in the light of the ohst:rwtions made by the Courts as well as the undertaking and other docunenls filed by the petitioner. The petitioner slull also be at libtrty trt rtlt, on the decisions in this regard (v1 Tht per;tioner shall deposit the original passport before thc Triol Lourl itt cr,minal case for renewal of the passport. The petitioner sholl he ur lihL rrt ro./ile an application before the learned Principal SPE antl ACB ('uses-cum-lv Additional Chief Judge, Nampall.v, Hyfurabad. steking lternission to travel outside India. The learned Principal SPE and ,l(- IJ ('uses-cum-lV Additional ChiefJudge, Nampally, Hyderabad, shall ton.sid:r the same in accordance with law. 5. ll'- t'..\ o. J l0 of 2025 is disposed of in terms of the above' "

4. Learncrl ,rounsel for the petitiorrer submits that subsequent tcr the order clatcd 06.()1 2025 in W.P.No.310 of 2025, petitioner's passport was renewed for a pt riod of one year and the same is valid upto 09.01.2026. It is further submittecl that petitioner had made application for renewal of passport for a p,:riod of 10 years, however, the same was renewecl for a periotl of one v( ar. Hence. the petitioner on 25.07.2025 f ilecl I.A.No.2 of 2(125 in w. ['. N. ]10 .f 2025. seeking modification i. the ordt,r cratcd J I If 3

06.01.2025 for renewal of passport bearing No.C7311990 for a period of 10 years instead of one year and the same is pending for consideration

5. Learned counsel for the petitioner submits that the petitioner is an industrialist and she has to fly frequently to different nations for her business assignments and since the petitioner's passport is renewed for a periotl of one year, it would cause irrconvenience to the petitioner and pray this Court to direct the respondent authorities to renew the petitioner's passport bearing No.C7311990 for a period of 10 years. I

6. Learned standing counsel appearing for respondents submits that the petitioner's passport is valid upto 09.01.2026, and the petitioner for rcnewal of passport ought to have made fresh application enclosing all the relevant documents and irformation about the pending cases and if thc pctitioner makes such application, the respondent authorities would proccss the same and after due enquiry would pass ordcr in accordance n'ith law.

7. At this stage, learned counsel for petitioner subrnits that tho petitioner may be permitted to make a fresh application and further pray this Court to direct the respondent authorities to consider and issue passp()rt in a time bound period

8. ln view o[ the submission made by the learned counsel on either sidc.rnd without expressing any opinion on mcrits of thc case, tl-ris rt,rit 4 petition is tlis':osed of, with a liberty to petitioner to make a fresh application anrl ou such application, the respondent authorities shall process the sarrre and pass appropriate orders strictly in accordance with

9. Accordinrllv, this writ petition IS disposed of. Miscellaneous applications. if ary pending, shall stand closed. No order as to costs. \ To, SD/. M ABDULLAH KHAN REGISTRAR //TRUE COPY// 'i secnou oFFrcER

1. The Secretary Union of lndia, Ministry of Extemal Delhi 'l 10 011 a irs, South Block, New

2. The Regional Par;sportOfficer, D. No.8-2-215to219, NearPrashantTheatre, Kummarguda, Secunderabad, Telangana -500 003

3. One CC to SRI \/ENKAT REDDY KODUMURYAdvocate IOPUC] 4. One CC to SRl cADl PRAVEEN KUMAR Deputy Solicitor ceneral of India loPUcl

5. Two CD Copies KKS LS +y- HIGH COURT DATED:30107,12025 ORDER WP.No.22132 <>f 2025 ,. ir i'.: SiA f.i \) ( () 11 ttl ?s6 t! )r * SF ,:TC DISPOSING THE WRIT PETITION WITHOUT COSTS m7-n&(