lt/ohammed Azhar Ali lrfan v. l . The Union of lndia

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 MANDAMUS declaring the action of the Respondent No. 2 in not considering Application Reference Number (ARN) 24- 101 376939'1 dated 12. 11.2024, File No. HY1077161046924 by renewing the petitioners passport, as arbitrary, illegal and violative of Article 2'l of the Constitution of lndia. Counsel for the Petitioner : SRI MOHD ASHFAQ Counsel for the Respondent No.1 : SMT N.V.R.VIJAYALAKSHMI, LEARNED CENTRAL GOVERNMENT STANDING COUNSEL Counsel for the Respondent No.2 : SMT THAKUR ROOPA SINGH Counsel for the Respondent Nos.3 & 4 : SRI FARHAN AZAM KHAN The Court made the following ORDER THE HON'BLE SRI JUSTICE NAGESH BHEI}MAPAKA WRIT PETITION No.2629O OF 2o25 ORDER 'lhis Writ Petilion is frled seeking [o declar.e [he action of respondcnt No.2 in not considering the Applic rtion Reference Numbcr (ARN): 24-101376939\ dated: 12 11.2024, File No.l{Y107716LO46924 by renewing the petitioner-'s passport, as illegal and arbitrarv.

2. Ileard learned counsel for the pe tihoner, Smt. N"V.R.Vijayalakshn'ri, lcarned Central Governrnent Standing Counsel appearing for respondent No.1 and Smt. Thakur Roopa Singh, learned Standing Counsel appearing for respondent No.2.

3. Learncd counsel for the petitioner submits that the issue raiscd in this writ pet.ition is squarely covered by the order of this Court in V/.P.No.2802 of 2024, dt.14.O3.2O24, wh,-.rein this Court relying upon thc gr:idelines issued by the Hon'b1e Apex Court as well as this Court in various judgments where issuance of passports are pending on the ground of registra-ion of criminal cases, held that pcndency of criminal cases is r:ot a ground to refuse passport.

4. Learnecl counsel for the petitioner furthe - submits that folloq,ing the said dccision, recently, this Court passed orders in WP.No.23077 of 2025, dt. 13.08.2025 directing the respondents to \\ 2 consider the application of the pctitioner, subject to certain conditions as mentioned therein.

5. Learned counsel for the petitioner furthcr submits that sir.rcc, the petitioner is intending to travel abroad for business purpose as averred in the writ affidavit, the authorities may b<: drrecLed to consider petitioner's passport application for a limited period of one year.

6. On the above submission being made , learncd Standing Counsel appearing for respondent No.2 does not dispute the aforesaid position of law and stated that the present case is covercd by the aforementioned orders of this Court, and she has no objection if this Court were to direct the authorities for considering the petitioner's passport application for a period ol one ycar, subject to thc conditions, as mentioned in W.P.No.28O2 of 2024 and W.P.No.23077 of 2025.

7. In vicw of the aforesaid submissions, this Court deems it appropriate to dispose of the writ petition in terms of thc orders in W.P.No.2802 of 2024, dt.14.O3.2024 and W.P.No.23077 of 2025.

8. Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner's passport application No.HYio77161046924, d,t.12.tt.2024 (reference No.24- =1O 1376939 I ) by following the procedure contemplated under 3 Section 6(2)(f) of thc Passports Act, L967 , and ltrc Ruies made thcrc under, sulrjcct to the [ollowing conditions: i. The pelitioncr shall submit undertaking along with an aff-rdzrvit belorc the trial Court/jurisdict ional Court in conncction $,ith Crime No.21 of 2O23 of Tappachabutra P.S., rcgisterccl as C.C.No.3419 of 2023, stating that he u'ill not leave India during the pcndency of the aforesaid cases n.ithout permission of the concernec Court and that he wi[1 cooperatc q.ith the trial Court/lnvc stigaring Officer in concludir-rg the proceedings/ investigatLor- in the said CASES II 111 lV. On tiling of such undcrtakings as u'ell as afhdavits, the trial Court/j urisdictional Court shall issuc a certified copy of tl.rc samc to the petitioner within a pcnod of two (O2) ureeks therc from. The pet itioner sl-rall submit certified copy ol the aforesaid undertakings before lhe Passporl Off-rcer frrr issuance of his passport and the Passport Officer shali consider the petitioner's application No.HY I 077 161046924, dt. 12.1\.2024 (reterence No.24-10137693 )JJ for issuance of passport for a period of one year, withir zr period of two (O2l r,r'ceks from the date of submission of such undcrttrking, in accordance with law. On issuance of passport, the petitioner shall deposit the samc before the trial Court/jurisdictional Court in Crime No.21 of 2023 of Tappachabutra P.S., registered as C.C.No.3419 ot 2023. Hou.ever, liberty is granted to the petitioner to file application befr,rr: the trial Court/j urisd ictional Court in both the cases seeking 4 permission to travel abroad and it is for Court/jurisdictional Court to considcr the accordance with law. Consequently, miscellaneous applications, pending if any, shall stand closed. No order as to costs. //TRUE COPY/' SD/-MOHD.ISMAIL DEPUW REGISTRAR @ SECTION OFFICER To

1. The Secretary, Union Of lndia, The Ministry of External Affairs, New Delhi. 2. The Regional Passport Officer, Hyderabad, D.No.8-2-215 to 219, Adjacent to Prashanth Theaters, Kummarguda, Secunderabad.

3. The Chief Executive Officer, Telangana State Waqf Board, Razzak Manzil, Haj House, Nampally, Hyderabad.

4. The lnspector Auditor Waqf, Circle No. 4, Telangana State Waqf Board, Haj House, Nampally, Hyderabad.

5. One CC to SRI MOHD ASHFAQ, Advocate [OPUC] 6. One CC to SRI THAKUR ROOPA SINGH, Advocate [OPUC] 7. One CC to SRI FARHAN AZAN/ KHAN, Advocate (OPUC) B. Two CD Copies SA/BSK -t C.C. TODAY HIGH COURT DATED:1710912025 ...:::''- ...-;..'a, /i',-..\' ' -,::., .s s |,',..,, + \'r.',-, ORDER WP.No.26290 of 2025 DISPOSING OF THE W,P WITHOUT COSTS. \0 1f, \1