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 a writ order or direction more particularly a writ of Mandamus declaring actions of respondents for refusing to renew the passport filed vide apptication No.AKC418522356624, dated 18/09/2024 lolhe petitioners are illegal, arbitrary, ultra vires. null and void, against the statute, abuse of powers conferred under the law and in violation of the fundamental and constitutional rights of the petitioners, in the interest of justice and equity. lA NO: 2 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 add/implead the proposed respondent no.3 / Consulate General Of lndia, Dubai, Al Hamriya as respondent no.3 / Consulate General Of lndia, Dubai, Al Hamriya to the writ petition No. 33652/2024, in the interest of justice and equity. lA NO: 1 OF 2024 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 No.2 to reissue passport in favor of the petitioner in application No.AKC418522396624, dated 18/09/2024 till the disposal of the writ petition in the interest of justice and equity. Counsel for the Petitioner : SRI MOHAMMEO RAHAIL AHMED c o u n s e I ro r th e Re s p o n a e n ts : solt 36 l,'J, i3X t"tJl,:3 f fiB,^ The Court made the following: ORDER + THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.33652OF 2024 ORDER: This Writ Petition is filed seeking the following relief: "To issue a writ, order or direction, more particularly a writ of Mandamus declaring actions of respondents for refusing to reissue passport vide proceedings in file No.AKC41,8522396624, dated 18/09/2024 to the petitioner are illegal, arbitrary, ultra vires, null and void, against the statute, abuse of powers conferred under the law and in violation of the fundamental and constitutional rights of the petitioncr..."

2. Heard learned counsel for the petitioner and the learned Deputy Solicitor General of India appearing for the respondents

3. Learned counsel for the petitioner submitted that the respondent No.2 issued Passport No.M1690778, dated

30.08.20'14, to the petitioner and the same has expired on

29.08.2024. Hence, the petitioner filed an application seeking 2 renewal of his passport, but the said application was refused on the ground that a criminal case oide C.C.No.164 of 2022 on the file of Judicial First Class Magistrate'for Railway Cases Court, Kazipet, is pending against the petitioner. Learned counsel further submitted that the subject matter of the present Writ Petition is squarely covered by tl're order, dated

08.04.2025, passed by this Court in W.P.No.10371 of 2025 and seeks to pass similar order in the present Writ Petition also. 4 Learned Deputy Solicitor General of India appearing for the respondents submitted that as per Rule 4, Scheclule II Part II of Passports Rules, 1980 (for short, 'the Rules'), an emergency certificate may be issued for the purpose of travel Rule 4, Schedule II Part II of the Rules are extracted hereunder for the purpose of reference: "4. Classes of persons to whom the different classes of passports and travel documents may be issued-The classes of persons to whom the classes of passports or travel documents referred to respectively in sub-section (1) and sub-section (2) of Section 4 may be issued, shall be as specified .r{. 3 respectively in Part I or Part II as the case may be, of Schedule II. Schedule II Part II:- Emergency Certificate: (i) Citizens of India abroad who have been refused passport, or whose passports have been impounded or revoked or who have to be repahiated to India'"

5. Learned Deputy Solicitor General appearing for the respondents further submitted that the above said provision enables the petitioner to travel to India based on an emergency certificate and if the petitioner makes an application for issuance of emergency certificate, the same would be considered by respondent No'3 and after the certificate is issued, the petitioner can travel to India and contest the pending criminal case against him I I

6. Having regard to the submissions made by the respective parties, the Writ Petition is disposed of directing respondeni No.3 to issue emergency certificate as per Rule 4 of the Rules strictly in accordance with law, within a period of two (2) weeks from the date of filing of application 4 by the petitioner, if any, enabling the petitioner to travel to India, on compliance of the following directions: (i) The petitioner shall submit an undertaking along with an affidavit before the learned Judicial First Class Magistrate for Railway Cases Court, Kazipet, in C.C.No.164 of 2022, stating that the petiti,oner will not leave India during pendency of the said C.C. without permission of the Court and the petitioner will cooperate in concluding the crirninal proceedings. (ii) The respondents shali be at liberty to take steps on breach of the undertaking. As a sequel thereto, miscellaneous applications, if any, pending in the Writ Petition shall stand closed. There shall be no order as to costs. To, //TRUE COPY// SD/- P.PONNA KRISHNA ASSISTANT REGISTRAR SECTI \t. dfr OFFICER '1 . The Secretary, Ministry of External Affairs, Union of lndia, New Delhi. 2. The Regiorral Passport Officer, Hyderabad D. No. 8-2-215 to 219, Near Prashant Theatre, Kummarguda, Secunderabad. Telangana-500003.

3. One CC to SRI MOHAMMED RAHATL AHMED, Advocate. tOpUCl 4. One CC to SRI GADI PRAVEEN KUMAR, (Deputv Soticitor General of tndia). High Court for the State of Telangana at ftyOeiaOaO. tOpUCl

5. Two CD Copies. BSK PSK I t t HIGH COURT DATED:1410512025 VACATION COURT -:i- r\ :' ti .ii t{: _$ \\\ (a \.* ORDER WP.No.33652 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\,