Maneka Gandhi u. Union of Ind.iaz and Satish Chand.ra Vertna v. Union of India and otherse, this Court deems it appropriate to grant the relief

Petition under Article 226 of the Con titution of lndia praying that in the circumstances stated in the affidavit filed herewith, the High Court may be pleased to issue a writ order or direction m re particularly one in the nature of writ of mandamus declaring the action of the espondent no.2 in not renewing the passport by keeping the application Referenoe pending vide No. 25-1057527779 dt.06lOBl2O25 is illegal, arbitrary, violative of the principles of natural justice against the settled principles of law and also violative of Articles 14, 19 and 21 of the Constitution of lndia and consequently direct the Respondent No.2 to consider the application vide No. 25-105751 7779 d1.0610812O25 and renew the or a further period of '10 years and petitioner's passport bearing no. C7313377 | permit the Petitioner to travel abroad forthwittl t. 7 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in th,: circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 to renew petitioner's passport bearing no. C73i3317 pursuant to the application Reference No 25-1057527779 dt.O6l0\l2025 for a period of 10 years pending disposal of the above writ petit on. Counsel for the Petitioner: SRI S.RAM REDDY Counsel for the Respondents: SRI P.SHASHIDHAR REDDY, SC FOR CENTRAL GOVT. The Court made the following: ORDER - THE IIONOURABLE SRI JUSTIC NAGESH BHEEMAPAKA + WRIT PE]TITION No 2b 7a4 of 2025 ORDER: This Writ Petition is hled prayirfg this Court to declare the action of respondent No.2 in not rener.{ing the passport by keeping the petitioner's application Reference pending vide No.1o57 s2z7zg dated O6.08.2025 as illegal and arbitrary and for other appropriatc reliefs

2. It is the case of petitioner that he is holding Passport bearing No.c7313377, which was valid tir 12.or.2026. It is the further case of the petitioner that he has submit an application Reference No.25-1057527779, dated 06.08.2025 for renewal of passport, however the respondents have not processed his application and there are no court orders restricting frory renewing his passport. lt is the further case of the petitioner that e did not receive any show cause notice frorn respondent No.2, but iather it is informed by the police that there is an adverse police verihcation report corresponding to the application and criminal case is pending 0 on the file of the III against him vide C.C.No.l2l47 of 20 Additiona,l Chief Metropolitan Magistrate, Hyderabad

3. Heard learned counsel for the petitioner and Sri p Shashidhar Reddy, Iearned counsel ap aring for the respondents !---\'1 2 and with their consent this Writ Petition is d isposed of at the admission stage

4. It is the contention of the learned counsel for the petitioner that mere pendency of the criminal case against the petitioner cannot be a ground to deny issuance of passport to the petitioner and the said action of the respondents is contrary to the procedure laid down in the Passports Act, 1967. It is the fu.rther contention of the learned counsel for the petitioner that in ca'-ena of judgments, the Apex Court as well as this Court held that "pctssport authoritg cannot refuse reneu.tal of the passport on the grolLnd of pendencg of criminal case and directed tlrc passport authoritA tc, issue the passport utithout raising the objection relating to pendencg oJ'the ciminal case."

5. In view of the above said submissions and having regard to the law laid down by the Apex Court in Vangala Kasturi Rangacharyalu a. Central Bureau of Inuestigationl; Maneka Gandhi u. Union of Ind.iaz and Satish Chand.ra Vertna v. Union of India and otherse, this Court deems it appropriate to grant the relief subject to certain conditions.

6. The writ petition is disposed of directing rt:spondent No.2 to consider application No.25-1O57527779, dated o,6.Oa.2O2S, ' zozo crt.L.t.1sc; szz ' 1978 (r) scc 248 t 2019 SCC Online SC 2048 3 submitted by the petitioner for reissr.lance of the passport, without reference to the pendency of the prpceedings in C.C.No.l2l47 of 2O2O on the file of III Additional Chief Metropolitan Magistrate, Hyderabad, subject to the following conditions:-

1. The petitioner shall submit an undertaking, along with an afhdavit in C.C.No. 12147 of 020 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad, stating that he will not leave India during pendency of the said C.C. without permission o[ the Court and that he will cooperate with the trial Court in concluding the proceedings in the said C.C

2. On filing of such an undertakinf as well as afhdavit, the trial Court shall issue a certified copy of the same to the petitioner within a period of two (O2) weeks therefrom.

3. The petitioner shall submit certi 1ed copy of the aforesaid undertaking before the Passpo Ofhcer for reissuance/ renewal of his passport and e Passport Officer shall consider the application submitted by the petitioner in accordance with law, within two (02) weeks from the date of submission of such undertaking.

4. On renewal/reissuance of passJort, the petitioner shall deposit the same'before the triaf Court in C.C.No.12747 of 2O2O. However, liberty is granted to Lhe petitioner to fiie an application before the trial Court seeking permission to travel abroad and it is for the trial Court to consider the same in accordance with law. t ( F'I 4

7. As a sequel thereto, miscellaneous petitiorrs, il any, pending shall stand closed. There shall be no order as to ccsts. SD/- N. CHANDRA SEKHAR DEPUW REGISTRAR NOTE:- That the application number in para 6 of the oider dated 18.08.2025 in W.P.No.23784 of 2025 is wrongly read as "No.HY3074078721122, dt. 30.03.2022" instead of "25-1057527779, dt. 06.08.2025" and the same is corrected as per the orders of the Hon'ble Court dated 02.09.2025 in l.A.No.2 of 2025. This amended order shall substitute the earlier order which has already been dispatched on 2210812025. \ //TRUE COPY// CHANDRA SEKHAR EPUTY REGISTRAR SECTION OFFICER SD/. N. \P I tl HNI,.,O The lll Additional Chief Metropolita n Magistrate, The Ministry of Foreign Affairs, S hastry Bhavan, Dr.Rajendra Prasad Road, New Delhi, Union of lndia -1 10001 The Regional Passport Officer, Passport Office D.No.B-2-215 lo 219, Kummarguda, Secunderabad - 500003 One CC to SRI S.RAM REDDY, Advocate [OPUC] One CC to SRI P.SHASHIDHAR REDDY, SC FOR CENTRAL GOW. loPUCl To, 1 2 4 E 6 BSR . Two CD Cooies @ CC TODAY HIGH COURT DATED :1810812025 0210912025 '-- -':: _- -2,--i-- ?,-'-,,: tr': I ,ii'-,--;r\, ,-/l\.t\ . )\\ <\ ,\ .r.1,, r :I iEi 2[25 ^zi] + \h:ll;#z ,,\'.ri' ,!) . |! r:) (J T. AMENDED ORDER WP.No.23784 of 2025 DISPOSING OF THE WRIT PETITION' WITHOUT COSTS ,r( I \ -t.:,: CK