High Court · 2025

MADAVANENI RAGHUNANDAN RAO, S/o. Sri. Madavaneni Bhagawantha Rao, Aged about . 59 yrs., Occupation . Member of Parliament (M.P-), R/o. H. No. 1 1-B/1 , Shanthi Nagar, Patancheru. Sangareddy District. Telangana State. PIN - 502319. AND ...PETITIONER ,t

1. Union of lndia, rep. By its Secretary, Ministry of External Affairs, At Room No 2T,Patiala House, Tilak Marg, New Delhi. PIN 1'10001.

2. The Regional Passport Officer, Ministry Of External Affairs, Regional Passport Office, Hyderabad At D.No.8-2-215 Io 219, Kummarguda, Secunderabad. PIN - 500003 ...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 an appropriate Writ Order or 'Direction particularly a Writ of Mandamus declaring the action of the Respondent No. 2 - Regional Passport Authority in refusing to Provide Passport facilities including as of reissuing/ renewing the Passport of the Petitioner made Vide File No. HYD076353879324 dated.13-03-2024 as all arbitrary, illegal and Violative of Articles 14 and 21 of Constitution of lndia and Violative of the provisions of The Passports Act, 1967 and The Passport Rules, 1980 made there under and consequently direct the Respondents to forthwith Reissue/ Renew the Passport of the Petitioner, in the interest of Justice. !fixi:.'. lA NO: 1 OF 2024 Petition under section 1sl 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 Respondents to process the passport Apprication of the petitioner further for its reissuance/ renewal without any reference, to its Refusal Letter dated. 1910612024, in the interest of Justice. Counsel for the Petitioner: SRI J.PRABHAKAR, Sr. COUNSEL, REp. FOR SRI K.KRISHNA SHRAWAN Counsel for the Respondents: SMT N.V.R.RAJYA LAKSHMI, SC FOR CENTRAL GOW. / SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GEN. OF tNDtA The Court made the following: ORDER I HON'BLE SRI JUSTICE J. SREENTVAS RAO WRIT PETITION N0.36533 of 2o24 ORDER: This Writ Petition is hled seeking the following relief:_ "to issue a Wit order rtr Direction more particularlg one in the nature of Writ cf Mandamus dectaring tlle action of the Respondent No.2 Regional pa.ssport Authontg in refusing tc; prouide passport facilities including as of reissuing,/ reneraing the paisport of tLte Petitioner mcLde Vkle File No.HyDO763S3B7g324 dated 13.O3.2O24 as atl arbitrary ittegal and. Violatiue of Article s I 4 and 2 1 of Constitution of India and Violatiue of the prouisions of The passports Act 1967 and The Passport ktles 198O made thdie under and consequentlg direct the Respondents to Jorthwith Reissue/ Renew the passport of the Petitioner in the interest of ..ttt.stice.."

2. Heard Mr.J.Prabhakar, learned Senior Counsel representing Mr.K.Krishna Shrarvan, learned counsel for the petitioner and Smt.N,V.R.Rajya Lakshmi, learned counsel for respondents.

3. Learned counsel for the petitioner submitted that petitioner has submitted application on 13.03.2024, vide application No.HYDO763 53879324 before respondent No.2, requesting him to renew the passport. In spite of the request made by the peti!-ioner, respondent No.2 has not renewed the passport of the petitionet-, on the alleged 2 ground that he was involved in Crime No.67 of 2O2O of Pramachaldrapurarn Police Station. Mere pendency of the criminal case is not a ground for rejection of the application submitted by the petitioner and the sa me is contrary to the provisions of the Passports Act, 1962. Learned Senior Counsel further submits thia.t in srmilar circumstances. this Court disposed of the writ petition vide W.P.No.286 14 of 2024 on 16.1O.2024 rvith certain conditions. With the very sarne conditions, respor-rdeht No.2 may be directed to consider the application submitted by the petitioner.

4. Per contra, learned counsel for responrlents submitted tha1. as on today, several criminal cases are pending against the petitioner and the petitioner hils to obtain permission from the learned Special Judicia-l First Class Magistrare cum-Excise Court, Nampally, Hyderabad in C.C.No.43O of 2024.

5. In view of the said submissions mzrde by the respective parties, this Writ Petition is disposed of directing respondent No.2 to consider the applicaLtion clated I3.O3.2O24, submitted by the petitioner for renewa-l of the passport with the following conditions: i) The petitioner herein shall submit an undertaking along with an afhdavit in C.C.No.43O of 2024, on the {ile of the learned Special Judicial First Class Magistrate-cum- Excise Court, Nampally, Hyderabad stating that he shall not leave India during pendency of the said crime without permission of the Court and that he shall co-operate with trial ,. Court in concluding the proceedings. ii) The tria-l Court shall issue a certified copy of the underta}jng and affidavit within 2 weeks from the date of filing of the undertaking. iii) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concerned Passport Offrcer for consideration of his application for renewal of passport. iv) The Passport Authority shall consider the documents in the light of the observations made by the Courts as well as the undertaking and other documents hted by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. The petitioner \ \ 4 sha1l deposit the original passport before the trial Court in criminal case for renewal of the passport. The petitioner shall at libertl, to file an application before the learned Special Judicial First Class Magistrate-cum-Excise Court, Nampally, Hyderabad seeking permission to travel outside India ald the learned Magistrate shall consider the siame in accordar ce with law.

6. With the above observations, the Writ petition is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. I To, //TRUE COPY// SD/-T. TIRUMALA DEVI ASSISTANT REGISTRAR / becrION OFFICER 'l . The Hon'ble Special Judicial First CIass Magistrate-cum-Excise Court, 2 3 Nampally, Hyderabad. The. Secretary, l[in1stry Of External Affairs, At Room No. 27, patiala House, Tilak Marg, New Delhi, Union of lndia-PlN 110001. The Regional Passport_Officer, Ministry Of External Affairs, Regional passport Office, Hy-d-e-rabad At D. No. 8-2-215-to 219. Kummarguda, -secunderatjad. PIN - 500003 One CC to SRI K.KRISHNA SHRAWAN, Advocate tOpUCI SMT N.V-R.RAJYA LAKSHMI, SC FOR CENTRAL GOVT 4 5. One CC to loPUcI

6. One CC to SRI cADl PRAVEEN KUMAR, Dy. SOL|CITOR GEN. OF rNDtA High Court for the State of Tetangana at Hyderabad tOpUCI

7. Two CD Copies BSR BS HIGH COURT DATED: 2710212025 / a CC TODAY .rtE- S TA f 1 o ( q d o1r'.rn zffi t; ORDER WP.No.36533 of 2024 .-- ",i I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 4 /,tt,