The High Court · 2025

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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of l/]andamus to declare the action of the 2nd and 3rd respondents in not renewing the petitioners passport No '23593679' vide file no.HY307521 1517925' dated 19.06.2025 for a periodof ten years on the ground that criminalcases are pending on oral communication and without issuing show cause notice as envisaged under the Passport Act, 1967 and Passport Rules, 1980 and that Petitioner needs to obtain permission from the court where the criminal cases are pending against him as illegal, arbitrary, unjust, violation of principles of natural justice and vrolation of articles 14, 15, 16 and 21 of the Constitution of lndia and consequently direct the Respondent,no.2 to forthwith renew the petitioner's Passport No '23593679' for a period of 10 Years by imposing costs on the 2nd and 3rd respondent for not following the Passport Act, 1967 and Passport Rules, 1980 in deciding the application of the Petitioner 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 Respondent Nos. 2 and 3 to issue passport to the Petitioner for a validity of 5 years Counsel for the Petitioner: SRl. PAVAN KUMAR ANNABATHUNI Counsel for the Respondent Nos. 1to3: SRI PULIMAMIDI SHASHIDHAR REDDY, SC FOR CENTRAL GOVERNMENT Counsel for the Respondent Nos.4&5:-- The Court made the following: ORDER r) THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.24771 OF 2025 ORDER: The Writ Petition is liled challenging the inaction of Respondent Nos.2 and 3 in not renewing the petitioner's passport No.23593679 (File No.HY3O752ll5l7925, dated 19.06.2025) for ten years, on the ground of pending criminal cases communicated ora1ly, ar-rd rvithout issuing any shorv cause notice as required under the Passport Act, 1967 and Passport Rules, 1980 and that the petitioner needs to obtain permission from the Court where the criminal cases a-re pending against him is illegal, arbitrary, unjust, violative of principles of natural jnstice, and in breach of Articles i4, 15, 16, and 21 of the Constitution of India.

2. Heard Sri Pavan Kumar Annabathuni, trearned counsel for petitioner, and Sri P.Shashidhar Reddy, learned Standing Counsel for Central Government for respondent Nos. I to 3. Perused the record.

3. le arned counsel for the petitioner submits that petitioner holds an Indian passport (No.23593679) valid from 01.03.2016 to 2a.O2.2O26. As it is nearing expiry, he applied for renewal before rLs- -/-, I NI]K.J \!P 1477t 1025 the 2nd respondent, but the application r.r,as kept on hold without any communication. After waiting for nearly a month and sending an email on 15.O7.2025, he received a call from the 3.d respondent regarcling pending criminal cases. Upon confirming the same, he u.as informed that a court order would be required for renewal or the passport would be issued with only one-year validity. It is lurther stated that petitioner has business abroad requiring frequent travel, and mere pendency of criminal cases i.e., C.C.No.271 of 2Ol7 and 359 of 2017, before the Junior Civil Judge, Prakasam District at Kandukuru, Andhra Pradesh, is not a valid ground to deny renewal. He relied on an interim order dated

10.O9.2025, passed by this Court in W.P.No.15192 of 2025 4 . I-earned Standing Counsel for the Central Government, for Respondent Nos. 1 to 3, submits that the petitioner's application for renewal of the passport \ ras carefully examined by the t competent authority, and the sarne was not renewed on the ground that criminal cases are pending against him. It is submitted that the respondent authorities would consider the petitioner's application for a period of one year only, il he obtains permission to travel abroad from the court where the criminal cases are pending against him. \ *--e , I / ; NBKJ wP 14711 2025 -7

5. Be that as it may, considering the judgment of the coordinate Bench of this Court in W.P.No.35O56 of 2023, dated 02.O1.2024, and the purpose for rvhich the passport is being requested by the petitioner, this Court directs the respondent No.2 to renew the I passport to the petitioner on the follorving conditions: i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.271 of 2OL7 and C.C.No.359 of 2017, pending on the file of Junior Civil Judge, Prakasam District at Kandukuru, Andhra Pradesh., stating that he shall not leave India during pendency of the said C.Cs., without permission of the Court and that he shall cooperate with trial Court in concluding the proceedings in the said C.Cs.; ii) On filing such an undertaking as well as aflidavit, the trial Court shall issue a certified copy of the same within two (2) weeks therefrom; iii) The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the Passport Officer I Authority concerned for renewing the passport; iv) On frling such an application, the Passport Officer/ Authority shall consider the same afresh in the light of the observations made by this Court herein as well as the contents of the undertaking giwen by the petitioner for renewing of the passport, in accordance with law, within three (O3) weeks from the date of said application; vl Respondent No.2 shall consider the Passport Rules, 1967 while considering the application for renewing ofthe passport to the petitioner; vi) The competent authority shall specify the permission period of one year for the petitioner to retain the passport for travelling abroad for business purpose, and also obtain appropriate undertaking from the petitioner stating that the petitioner shall not overstay the permitted period and shall surrender the passport upon return to India. ,' .-li viil Any other condition as deemed appropriate by the trial Court. .1 NIiK.I \\,1, tlrt I 201i 6 Accordingiy, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaleous petitions, if any, pending in this Writ Petition, sha-ll stald closed. I To. P.C. SULEKHA DEVI ASSISTANT REGIS -t ,TRUE COPY/i \r \ CTION OFFICER

1. The Union of lndia, rep. by its Secretary Minister of External Affiars, NEW DELHT - 100 001.

2. The Regional Passport Officer, D.No.8-2-215to 219, Kummarguda, SECUNDERABAD -5OO OO3, Kummarguda, Secunderabad -500 003.

3. The Legal Department, O/o. Regional Passport Office, D.No.8-2-215 to 219, 4. One CC to SRl. PAVAN KUMAR ANNABATHUNI Advocate [OPUC] 5. One CC to SRl. PULI[\4AM|D| SHASHIDHAR REDDY ,SC FOR CENTRAL GOVERNMENT [OPUC]

6. Two CD Copies BIU BS Y+. HIGH COURT DATED:1810912025 ORDER WP.No.24771 of 2025 'rl I s t .) ,'9 \* \.. ) 7\7 --.1ict DISPOSING OF THE WRIT PETITION WITHOUT COSTS I I I I I -6.,b q &,r*