High Court · 2025
Case Details
Acts & Sections
Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of the respondent no 2 in refusing to renew/issue Passport to the petitioner in pursuance of renewal application dated 25.06.2025 and issuance of proceedings of the respondent no 2 Regronal Passport Officer vide its proceedings bearing no' HY1075300504825 dated 22.07 -2225as illegal' arbitrary' violation of Article 14 and 21 of the Constitution of lndia and against principles of natural justice and direct the respondent no'2 herein to process the petitioner's application OB OT '2025 for renewing and issuing a fresh passport with all its necessary charges without reference to the pendency of Criminal Cases against the petitioner' I t ,t '72 |.A.NO:1 OF 2025 Petition Under Section '1 51 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 respondent no.2 herein to process the petitioner's application 08.07.2025 for renewing and issuing a fresh passport with all its necessary charges without reference to the pendency of Criminal Cases against the petitioner. Counsel for the Petitioner : SRI S.P.UDAY KUMAR Counsel for the Respondents : SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA, ADVOCATE FOR SRI R.MANGULAL The Court at the stage of admission made the following ORDER ; I I I I I I I I i I i HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETTTION No.229 A2 of2025 ORDER: Heard learned counsel for the petitioner and Mr.R.Mangulal, learned standing counsel appearing on behalf of respondents. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself'
2. This writ petition is filed seeking the following prayer:- . declaring the action of the respondent No'2 in refusing to renetu/ issue Passport to the petitioner in pir.uin n of reneutal application dated 25'06'2025 -and issuanie of proceeding s of the resporudent No'2/ Regional Passport Officer uide its proceedings Aelring N o. HY 1 0 7 5 3 O 0 5 04 B 2 5 dated 2 2' O 7' 2 O2 5 as illegal, arbitrarg, uiolation of Article 14 and 21 of the Coistitution oi Ind.ia and against pinciples of natural justice and- direct the resporudent No'2 herein to prociss the petitioners application 08'07'2025 for ,eieuting and issuing a fresh passport tuith all its n"."trorg charges uithout reference to the pendencg of Ciminal Cases against the petitioner'"
3. The case of the petitioner is that he is holding passport uide No.J2823g73 dated 03.01'2011 which got expired on Of .Ot.2O2l . Thereafter, petitioner has applied for renewal of passport before respondent authorities vide File No.HYl0T53o05o4S25seekingforrenewalofhispassport.After police verifrcation, it is stated that petitioner is involved in \! 1 :a2:: criminal cases in C.C.Nos.964 /2022, gZ112022 and. lO3tl2022 pending on the file of principal Junior Civil Judge_cum_Xl Additional Judicial Magistrate of First Class, Ranga Reddy Distrct at Rajendranagar. Subsequently, respondent authorities rejected the renewal application of the petitioner on the ground of pending criminal cases. Aggrieved by the same, the present writ petition is filed.
4. Today when the matter has been taken up for hearing, learned counsel for the petitioner would submit that while dealing with the similar circumstances, this Court uid"e order dated 07.04.2025 had disposed of the W.p.No. tO3S2 of 2025 with certain conditions and iearned counsel for the petitioner further pray this Court to pass similar order as passed in W.P.No.10352 of 2025.
5. Learned Standing counsel appearing on behalf of respondent Nos.1 and 2 reported no objection in passing similar orders.
6. Accordingly, this writ petition is disposed of with a direction to respohdent authorities to consider the case of the petitioner and take steps for release of the passport in due ::3:: compliance of the findings of the Hon'ble Supreme Court in the case of Vangala Kasturi Rangacharyulu v' Centtal Bureau of Investigationl. The directions are as follows: i I I I (i) (ii) (iii) The petitioner shall submit an undertaking along with an affidavit in C'C Nos'964 12022' 971/2022 and IO3ll2O22 pending on the file of Principal Junior Civil Judge-cum-Xl Additional Judicial Magistrate of First Class, Ranga Reddy Distrct at Rajendranagar, stating that the petitioner will not leave lndia during pendency of the said C'C' without permission of the Court and the petitioner r,vill cooperate with the Trial Court in concluding the criminal Proceedings' The Trial Court shall issue a certified copy of the undertaking along with an affidavit within Two (2) weeks from the date of filing of the undertaking' The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/ explanation before the concerned Passport Officer for consideration of his application for renewal of PassPort' (iv) The Passport Authority shall consider the documents in the light of the observations made by the Court as well as the undertaking and other documents filed by the petitioner' The petitioner shall also be at liberty to rely on the decisions in this regard' , * ' zozo c.l.L.J. 1sc1 slz ,l i ! i (v) (vi) (vii) ..4.. The Passport authority is directed to renew the- passport of the petitioner without raising the objection relating to the pendency of the criminal proceedings before the Trial Court. The petitioner shall deposit the original passport before Principal Junior Civil Judge-cum_Xl Additional Judicial Magistrate ol F.irst Class, Ranga Reddy Distrct at Rajendranagar, after renewal of the passport. The petitioner shall be at liberty to fiie an application before the principal Junior Civil Judge-cum-Xl Adclitional Judicial Nlagistrate of First Class. Ranga Redd1.- Distrct at Rajendranagar, seeking permission to travel outside India. The principal Junior Civil Judge_ cum-Xi Additional Judicial Magistrate of First Class, Ranga Reddy Distrct at Rajendranagar, shall consider the same in accordance with law. 7 . Recording th e above said submission, i,vrit petition 1S disposed of, accordingly Miscellaneous petitions, pending, if any, shall stand closed. Horr,,ever, there shall be no order as to costs. //TRUE COPY// SD/-MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER
1. The Secretary, Union of lndia, Minist ry of External ffairs, Road, Rajpath Area, Central Secreta riat, New Delhi- 1 100 2. The Regional Passport Officer, Regional Passport Office, H yderabad, Office atDN o.8-2-215 to 219, Kummarg ud a, Secunderabad,Telangana - 500003 One CC to SRI S.P UDAY KUMAR, Advocate [OPUC] One CC to SRI R.MANGULAL , Advocate (OPUC) Two CD Copies 23D, Janapath 11. 3 4 5 To SA BS HIGH COURT ( DATED:0510812025 /-. /.-. / 'it- ' ( z ,+ 14 AIJB ilEi ') t t 1)F S;,A-ir-ua, ORDER WP.No.22982 of 2025 DISPOSING OF THE W.P WITHOUT GOSTS.