High Court · 2025

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 a writ, order, or Direction, more particularly one in nature of writ of MANDAMUS declaring the action of the Respondent No.2 in refusing the issuance of passport vide File No.HYl 076684629324 , dated 111912024 Io the Petitioner in view of the pendency of the criminal case vide cc.No.8976/2024 on the file of the Honourable XVI Additional chief Metropolitan Magistrate, Nampally as illegal arbitrary and without jurisdiction and consequently direct the Respondent No.2 to renew the passport of the petitioner vide File No.HY107668 4629324 dated 1 11912024, in the lnterest of Justice lA NO: 1 OF 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondenr: No.2 to renew the passport of the petitioner vide Fire No. HY1076694629324 dated 25-6-2024, in the interest of Justice, pending Disposar of the Writ Petition COUNSEI fOr thc PEtitiONEr: SRI. B. SUDHAKAR REDDY AND NEERAJA REDDY Counsel for the Respondents: Smt. N.V.R. RAJYA LAKSHMI REp SRI GADI PRAVEEN KUMAR Dy. SOLICIToR GEN. oF INDIA The Court made the following: ORDER HON'BLE SRI JUSTICE J. SREENIVAS RAO U/RIT PETITI ON No .27LgA of 2024 ORDER: This Writ Petition is filed seeking the following relief:- 'to issue a Writ order or Direction more particularly one in the nature of Writ of Maldamus declaring the action of the Respondent No.2 in refusing the issuance of passport vide File No-HY 1076684 629324 ' dated tI.Og.2024 to the petitioner in vierv of the pendency of the criminal case vide C C No 8976 of 2024 on the hle of the XVI Adclitional Chief Metropolital Magistrate' Nampall-v as illegal ald arbitrary and consequently' direct respondent No 2 to renew the passport of the petitioner or pass appropriate orders "

2. Heard Mr.B.Sudhakar Reddy, learned counsel for the petitioner and Smt.N V.R'Rajya Lakshmi' learned coLtnsel representing Mr.Gadi Praveen Kumar' learned Deputy Solicitor General of India for respondent Nos' 1 ar-d 2'

3. Learned counsel for the petitioner submits that the passport authority has issued passport to the petitioner on 29.Oa.2006 vide passport bearing No'F9717093 and it was valid upto 28.O8.2016' Thereafter, the petitioner submitted an application for renelval of the passport and pursuant to the same, the above said passport was renewed on 2

09.O9.2OIG and the sarne lvas valid upto 0g.06.t2026. In the meanw,hile, the petitioner lost the passport u.hile u,hite washing his house. Immediately, the petitioner lodged a complaint t,efore the Station House Oflicer, Chilkalguda Police Station, on 14,O2.2024. The concerned Station House Office,r after conducting enquiry- issued ,no objection certificate' on 02.O3.2024. Respondent No.2, without considering the same, rejected the application submitted by the petitioner for issuance of passport, through the order, dated 14 .O3.2024 . Learned counsel further submitted that the petitioner eariier approached this Court a,d filed writ petition i.e., W.p.No.7505 of 2024 a.,d the sarne rvas disposed on 26.03.2024 directing the respondent authorities to cap"i6.. the application submitted by the petitioner lor issuance of the passporr b-v imposrng t:ertain conditions. pursuant to the said d irect ion s, respondent authorities issued passport on

18.04.2024 and the same was valid uptc 17.O4.2O25.

4. According to the petitioner, again he lost the said passport on 07.06.2024 while he was travelling from Y 3 M.J.Bridge towards M.J.Market. Then, the petitioner lodged a complaint before the Station House Officer, Shahinayathgunj Police Station, and the concerned police authorities after conducting enquiry issued 'no objection certificate' on 1O.06.2024. Pursuant to the same, the petitioner submitted an application to respondent No.2 on

25.06.2024 requesting to issue passport. Respondent No.2 issued show-cause notice dated 30 .O7 .2024 to the petitioner and pursuant to the same, the petitioner submitted explanation on 29.O8.2O24. However, respondent No.2 lvithout considering the said explanation issued the impugned letter dated 11.O9.2024 rejecting the application submitted by the petitioner for issuance of passport. The respondent authorities ought to have issued passport pursuant to the application dated 25.06.2024 with the very sarne conditions imposed by this Court in Order dated 26.03.2024 passed in W.P.No.75O5 of 2024. The impugned proceedings issued by respondent No.2 are contrary to the orders Passed bY this Court in W. N'o.7505 of 2024. 4

5. Smt.N.V.R.Rajya Lakshmi, learned counsel appearing on behaJf o1' respondent Nos. I and 2 fairly submits that in terms of the order passed in W.p.No.75OS ol 2024, this ,"vrit petition may !6 disposed of w-ith the very same conditions.

6. Havinl; regard to the rival submissions made br- the parties, th is Writ Petition is disposed of directing respondent No.2 to consider the apphcation vide File No.HYl0766 84629324, dated 25.06.2024 submitted bv the petitioner arLd issue passport with the folio,,ving conditions: i) The petitioner herein shall submit an undertaking along with an aflidavit in criminal cases vide 1)Crime No.1003/202 2 U /s.448, 29O,506 r/w 34 IPC, vide C.C. No.lt20 of 2')23, 2) 53/2023 n/s 323, 324, 506 rlw 34 of IP(l vide C.C.No.lO92 of 2023 of police Station Chilkalguda, and 3) Crime No.356 of 2O,.2O uls. 4():j, 42O 477, 506 IpC of police Starion Saidabad, vide C.C.No.593 of 2O2i, staring that petitioner will cooperate with the triai Court in cc'ncluding the proceedings in the said C.C.; ii) The petitioner shall deposit the said passport rvithin one w-eek after receipt of passport; -7 J iii) The petitioner herein shall submit certilied copy of undertaking that petitioner u,il1 not leave India during the pendency of the Criminal cases without permission of the Court, along u-ith Passport before concerned Court; iv) Respondent No.2-Passport Oflicer shall consider the said application in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner's for issuance of passport in accordance u'ith larv;

7. With the above observations, the Writ Petition is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. I //TRUE COPY// SD/. T. TIRUMALA DEVI T REGISTRAR ASS CTION OFFICER To,

2. J 4 5 The Secretary, Union of lnd-ia'.Ministry of External Affairs Patiala House 2-21 5 to 2 1 e Adiacent tiirull8* PlT"Jfu I ?fi ,?sll'i,.,po,.t o1ieg: D^.[o #"'l5J?;ii[ir:si'5,t[.n*ab[ttSv1ft ff '^lgE*i1'o'R'r';'"Advocate b.I"t"% to sRr. GADr PRAVEEN KUMAR Dy. SOLrCrroR GEN. OF rNDrA toPUCl Two CD Copies BM GJP P' HIGH COURT DATED:2710112025 ORDER WP.No.27138 of 2024 CC TODAY 1 ,1E li T4 i"( $) 3 0 l[l( I J \i. DISPOSING OF THE WRIT PETITION WITHOUT COSTS P'+ 3o ')-