Telangana High Court

WP/36792/2024 of Mr. Peddolla Ganga Reddy Vs Union of India on 31 December 2024

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITION NO: 36792 0F 2024 Between: Mr. Occ: 5031 Peddolla Ganga Reddy, _S/o: Galga

[ [340s ]]

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Originat Jurisdiction)

TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA

WRIT PETITION NO: 36792 0F 2024

Between:

Mr.Peddolla Ganga Reddy, _S/o: Galga Reddy, Aged 58 years,Occ:Agriculture, H.No - 3-36/2, Erajpalle, Bodhan, Niiamadad, Telangana _503185503185

...PETITIONER

AND

Union of lndia, Ministry of External Affairs, rep by its Secretary

1

2?agsp.ort [Officer, Regional Passport Office, Hyderabad ][D. ]No. F'-2-215To21 9, Kummariguda, Secunderabad21 9, Kummariguda, Secunderabad

...RESPONDENTS

Petition under Article 226 of the constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High court may bepleased to issue an appropriate writ, order or Direction, more particularly one inthe nature of writ of Mandamus, declaring the inaction of the 2nd Respondent innot considering the passport application vide application numberHY4067131152524 dated 19.11.2024 towards issuance of new passport bythe nature of writ of Mandamus, declaring the inaction of the 2nd Respondent innot considering the passport application vide application numberHY4067131152524 dated 19.11.2024 towards issuance of new passport byissuing a notice vide letter ref.no oBJl32o2s4961l24 dated 13.12.2024 is illegal,arbitrary, violation of principles of natural justice and violation of Article 21 oflndian constitution and consequenfly direct to the 2nd Respondent to issue newpassport considering the passport application vide application numberHY40671 31 1 52524 dated 1 9.1 1.2024.lndian constitution and consequenfly direct to the 2nd Respondent to issue newpassport considering the passport application vide application numberHY40671 31 1 52524 dated 1 9.1 1.2024.

lA NO: 1 OF 2024

Petition under Section 15'l CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased todirect the 2nd respondent to consider passport application vide applicationnumber HY 4067 1 31 1 52524 daled 19.1 1.2024.

Counsel for the Petitioner: SRI P. ANWESH REDDY

Counsel for the Respondents: MS. N.V. R. RAJYA LAKSHMI, REPRESENTINGSRI GADI PRAVEEN KUMAR Dy. SOLICITOR GEN. OF INDIA

The Court made the following: ORDER

THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA

WRIT PETITION No.35792 OF 2o24

Mr. P. Anwesh Reddy, learned counsel for the petitioner.

Ms.N.V.R.Rajya Lakshmi, learned counsel representing Mr.Gadi Praveen Kumar,Deputy Solicitor General of India, for respondent Nos.1 and 2.Deputy Solicitor General of India, for respondent Nos.1 and 2.

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ORDER:

The present writ petition has been filed by the petitionerchallenging the action of the respondent No.2-Regional PassportOfficer in not issuing a fresh passport and for a direction on therespondent No.2 to process the petitioner's application for issuinga fresh passport.

2. 'lhe respondent authorities are represented.

3. After hearing iearned counsel appearing lor the petitioner aswell as the respondents, it appears that the issue was consideredby two Co-ordinate Benches in W.P.Nos.B697 of 2023 and 22218 ol2024. Both the learned Single Judges referred to the judgment ofthe Hon'ble Supreme Court in Vangala Kastui Rangacharyulu u.Central Bureau of Inuestigation.l and came to the finding that merependency of criminai case cannot be a ground to decline therenewal of passport. The petitioner before the Court is also willingto cooperate with the pending proceedings. This Court also hndsfactua,l similarities between the present case and Vangala Kastui Rangacharyulu (supral where the Honble Supreme Court held thatthe Passport Authority cannot refuse the renewal of passport onthe ground of pendency of criminal proceedings and accordinglydirected the Passport Authority to renew the passport of thepetitioners without raising objection relating to pendency ofcriminal proceedings.

4. This Court is accordingly of the view that ttre Writ petitioncan be disposed of by directing the respondent No.2 to take stepsfor issuance of fresh passport to the petitioner in due complianceof the findings of the Hon'ble Supreme Court in Vangala KasturiRangacharyulu's case (supra). The petitioner shall however complywith the follorving conditions:

(i) The petitioner shall submit an undertaking along with anafhdavit before the learned Judicial II Class Magistrate at Bodhanin S.T.C.No.7755 of 2024 statiry that the petitioner will not leaveIndia during pend6ncy of the said case without permission of theCourt and that the petitioner will cooperate with the Trial Court inconcluding the criminal proceedings.

(ii) The Trial Court shall issue a certified copy of the undertalingand afhdavit u,ithin 2 weeks from the date of filing of theundertaking.

I

(iii) The petitioner sha1l submit the certified copy of the aforesaidundertaking before the concerned Passport Officer forconsideration of his application for issualce of fresh passport.

(iv) The Passport Authority shall consider the documents in thelight of the observations made by the Court as well as theundertaking and other documents filed by the petitioner. Thepetitioner shall also be at libert5r to rely on the decisions in thisregard.

(v) The petitioner shail be at liberty to file an application before thelearned Judicial II Class Magistrate at Bodhan seeking permissionto travel outside India. The learned Judicial II Class Magistrate atBodhal shall consider the same in accordance with law.

5. W.P.No.36792 of 2024 is disposed of in terms of the above.Interim orders, if any, shall stand vacated and a1l connectedapplications are disposed of. There sha1l be no order as to costs.

SD/- K.SREERAMA MURTHYASSISTANREGISTRAR

//TRUE COPY'

SEN OFFICER

To,

1. Union of lndia. [r,4inistry of External Affairs [r,4inistry 2. Passport Officer. Regional Passport Office, Hyderabad D. No. 8-2-215 To219, Kummariguda, Secunderabad2. Passport Officer. Regional Passport Office, Hyderabad D. No. 8-2-215 To219, Kummariguda, Secunderabad

3. One CC to Sri P. Anwesh Reddy, Advocate [OpUC]

Advocate [OpUC]4. One CC to Sri Gadi Praveen Kumar Dy. Solicitor gen'. Of lndia tOpUCl5. Two CD CopiesTJGJPWP

HIGH COURT

DATED:31 11212024

lIio(\.,i HE, S14ORDERI()$.L0 [7 ],l/.[lr]n !\WP.No.36792 of 2024{>r,lcDISPOSING OF THE WRIT PETITIONWITHOUT COSTS@Ib[$]

II

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