Betha Venkatakrishna rao v. Union Of lndia

Arrabelli Srinivas Rao, S/o. Late A. Krupakar Rao, Aged about 60 years, Occ. Govt. Employee, R/o. H.No.2-19-591222, Seetharama Colony, Kalyanpuri, Uppal, Hyderabad. T.5-500039. R3 is impleaded as per C.O.dt.1 1.05.2025 in lA No.2/2025. ...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 of Mandamus or any other appropriate Writ or Writs, order, or Direction, declaring the action of 2nd respondent in not renewing the passport of the petitioner made vide File No. HY2075508482825 dl. 22-08-2025 as illegal, arbitrary and without jurisdiction and to consequently direct the respondents to forthwith renew the passport of the petitioner made vide File NO. HY2075508482825 dt. 22-08-2025 for a period of 10 years under section 10 of Passports Act, 1967 and under Rule 12 of Passport Rules 1980 without reference to the criminal procr:e,1ings pending against the Petitioner in CC.No.3554 of 2021 on the file of Hon'bk: F'JCJ Cum AMM Court at L B Nagar. lA NO: 1 OF 2025 Petition under S ection 151 CPC praying that in the circu'nstances stated in the affidavit filed in s:pport of the petition, the High Court may be pleased to direct the respondent No.2 to forthwith consider File No. HY2075508482825 dl. 22-08-2025 of the Peti ioner pending disposal of the above writ pet tion. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstitnces stated in the affidavit filed in support of the petition, the High Court may be pleased to implied the proposed respondent .no.3 herein as party respo ndt:nt. no.3 in the above W.P.no.26402 cf 2025 as respondent .no 3 for proper adjudication of the case, in the interest of lustice. Counsel for the Petitioner : SRI K SRUJAN MANOHAR Counsel for the Respondent Nos. 1 & 2: KALVALA SANJEEV (SC FOR CENTRAL GOVT ) Counsel for the Respordent No.3::- The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.26402 of 2025 ORDER: 'l'his Writ Petition is fiied being aggrieved by the action of respondent No.2 in not renewing the petitioner's passport uide F'ilc No.1JY20755Oa482825, dated 22.Oa.2O25 on the ground of pendency of C.C.No.3554 of 2021 on the file of PJCJ Cum AMM Court at L.B.Nagar. 2 . Heard Sri K. Srujan Manol'rar, learned counsel lor pctitioner and Sri K.Sanjeev, learned Standing Counsel for respondent Nos. 1 and 2. Perused thc record.

3. Learned counsel for the petitioner submitted that the issue raised in this writ petition is no longer res integra in view ol the order, dated 13.08.2025 passed by this Court in W.P.No.23O77 of 2025, wherein this Court, reiying upon the guidelines issued by the Hon'ble Apex Court as well as this Court in various judgments, where the passports are pending on the ground of registration ol criminal cases, held that pendency of criminal cases is not a ground to refuse the passport. 2 NBK,I W.P.r,{o.26402 of 2025

4. Learnerl Counsel fcr the respondents submits that a criminal case r.'lde C.C.No.3554 of 2O2l on the llle of PJCJ Cum AMM Couri iit L.B.Nagar is pending against thc petitioner. It is submitted tha, the respondent authorities ..r,ould consider the petitioner's irpplication for a period of one ,r,ear only, if he obtains pcrrrission to travel abroad from the cou:t u,here the criminal cascs are pending against him.

5. Be ilrat as it may, considering the juCgrnent of the coordinate' Bt:nch of this Court in W.P.No.35O5(> of 2O23, dated O'z.Oi.2021 , ald the purpose for rvhich tire passport is being requested 1ry the petitioner, this Court directs the respondent No.2 to rc'ne'.r' the passport to the petitioner on the follos,ing conditions i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.3554 of 2O2l on i:he file of PJCJ CunL AMM Court at L.B.Nagar., stating that. he shall not Ieave India during pendency of the said C.C., without permissio:r of the Court and that he shall cooperate with trial Court in concluding the proceedings in the said C.C. iil On filing such an undertaking as well as affidavit, the trial Cjourt shall issue a certified copy of thc sarne within two (2) weeks therefrom; iiil The petitioner herein shall submit afl alrplication afresh along with certified copy of this order as well as the aforesaid rndertaking before the Passport Oflicer / Authority concerned for renewing the passport; iv) On frling such an applicatioa, the Passport Officer/ Authority slrall consider the same afresh in the light of the observations made by this Court herein as well as the cortents of the undertaking given by the petitioner for I I 3 N8K,,l W.P.No.2&02 of 2025 re[ewing of the passport, in accordance with law, within three (O3) weeks from the date of said application; v) Respondent No.2 shall consider the Passport Rules, 1967 while considering the application for renewing of the passport to the petitionerl vi) The competent authority shall specify the permission period of one year for the petitioner to retain the passport for travelling abroad, and also obtain appropriate undertaking frorn the petitioner stating that the petitioner shall not overstay the permitted period and shall surrender the passport upon return to India. vii) Any other condition as deemed appropriate by the trial Court.

6. Accordingly, the Writ Petition is disposed of. There shall bc no order as to costs. Miscellaneous applications, if any pending, shall stand clo sed \ SD/. GOWRI SHANKAR TANT REGISTRAR //TRUE COPY, I ECTION OFFICER To, 1 rhe Secretary, Ministrv of^[:ti,r.;r5,'fflxr,'"'.TY"BX'i,'3*'JJr House, Annexe Governn section' Patiara 8'2'215 to 2'1e' Kummaraquda, Secuno( 2 rhe Resio",ur ^?9::q*03{,??,"[!X*'AH9)6oo?&* 3. One CC to SRl. K SRUJAN MANOHAR Advocate IOPUCI 4.oneCCtoSRI.KALVALASANJEEV(SCFoRCENTRALGOVT)Advocate loPUCl

5. Two CD CoPies PVI- \k HIGH COURT DATED:09110ti'.025 ORDER WP.No.26402 ctf2025 I i-. (-' I !. t':I ?ffi .5 tr',, t .1 . : i." r DISPOSING C)[: THE WRIT PETITION WITHOUT COS;TS @ \ )\