WP/10134/2026 of Thippyreddy Mahender Vs The Union of India on 6 April 2026

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT

(Special Original Jurisdiction)

[ 33001 .

.PETITIONER

D

MONDAY, THE SIXTH DAY OF APRIL

TWO THOUSAND AND ruiIErVri Sii

PRESENT

THE HONOURABLE SRIJUSTICE NAGESH BHEEMAPAKA

Between:

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...RESPONDENTS

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to pass an order, direction or writ more particurarry one in the nature of wRlr oF MANDAMUS decraring the action of the Respondent No.2 and 3 in not renewing the passport bearing No. p3g3g655 pursuant to the apprication made by the petitioner vide Fire number Hy4075g16704225 dated 13.11.2025 0n the ground of pending Criminal Case vide Cr.No.'t7l2o23on the file of pS Medipalli as being illegar' arbitrary and viorative of Articre 21 of constitution of rndia and also in contrary to the provisions of the passports Act, 1g67 and consequenfly direct the Respondent No.2 and 3 to renew the passport of the petitioner bearing No.

P3938655 by considering apprication vide Fire number Hy407591670 4225 dated 13.11.2025 in the interest of justice and equity.

TIV]3,

Petition under Section 151 CPC praying thdt in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respor.dent No.2 and 3 to consider the application vide File number HY4075916'/04225 dated 13.11.2025 submitted by the petitioner and renew the passport vice No. P3938655 Pending disposal of the above Writ Petition in the interest of justice.

Counsel for the Petitioner: SRI ALLURI DIVAKAR REDDY

Counsel for the Respondent Nos.l TO 3: Ms. N.V.R.RAJYA LAKSHMI, SC FOR

CENTRAL GiOVT. FOR SRI N.BHUJANGA RAO,

OF INDIA

OEPUTY SOLICITOR GENERAL

Counsel for the Respondent No.4: -

The Court nrade the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT ITTDERAAAD

THE HOITOURABLE SRI JUSTICE NAGESIH BHEEMAPAXA

wim PBrITI

Between:

Thippyreddy Mahender

ON No.1Ol34 of

The Union of India,

Rep.by its Principal Secretar5r,

Ministry of External Affairs,

South Block, Se cretariat,

Raisina Hill, New Delhi, & 3 others

.Respondents

The petitioner is aggrieved by the refusal of the 2"a respondent-Passport authority to renew the passport of the petitioner on the ground that there are criminal proceedings pending against him in C.C.No.64 of 2O23 on the file of the Judicial Magistrate of First Class at Korutla.

2.

Heard Mr. Alluri Divakar Reddy, learned counsel for the petitioner and Ms. N.V.R. Rajya Lakshmi, learned Standing Counsel representing Mr. N. Bhujanga Rao, learned Deput5r Solicitor General of India. Perused the record.

3.

l,e:rrned counsel for the petitioner submits that the petitioner is residing in the Saudi Arabia, and his passport is expiring on 28.08.2026, and mere pendency of criminal proceedi:ngs cannot be a ground to refuse issuance / renewal of the pass'cort.

4.

Per contra, learned Standing Counsel would refer to the judgment of the learned Division Bench in W.A.No. 12g of 2026, dated 05.O2.2026, and submit that the petitioner has to obtain NOC frone the concerned trial Court and thereafter approach the passport authority for renewal of passport; however, in the instant case, the petitioner has not approached the concerned trial CouLrt for obtaining NOC, and therefore the impugned refusal of the passport authority under Section 6(21 of the Passportsr Act, cannot be said to be arbitrary or illegal.

5.

Considering the respective submissions, at the outset, it is relevant to refer to the judgment of the Hon,ble Division Bench in W.A.Nc,.128 of 2026, dated O5.O2.2026, the relevant portion of which reads as follows:

"The right course for the appellant in such circumstances is to approach thl-concerned Court of criminal jurisdiction with an application for

issuance of no objection certificate and such other ancillary prayers as may be sought in the facts and circumstances of the case. Needless to say that if such application is made before the learned Court, it would take up the matter as early as possible, preferably, within the same week and after hearing the parties, pass such orders as may be required in accordance with law within a period of two (2) weeks thereafter.

6. The learned Senior Counsel for the appellant at the end subrnits that on account of inability of the appellant to appear before the learned Court on 27.12.2025, a petition under Section 3L7 of Cr.P.C. to dispense with his personal appearance was liled before the learned Court and the same is pending. The appellant is at liberty to press the said application before the learned Court white seeking issuance of no objection certificate through appropriate application as observed hereinabove."

6.

In the instant case, the petitioner is said to be working in saudi Arabia, and in view of the pending criminal proceedings against him in c.c.No.64 of 2023 on the file of the Judicial Magistrate of First class at Korutla, the passport authority refused to renew.

7.

In that view of the matter, and considering the judgment of the Honble Division Bench in W.A.No.128 of 2026, dated 05.02.2026, the petitioner is granted liberty to approach the concerned trial court, and file an application for issuance of Noc for renewal of passport. upon filing such application, the concerned trail court shall take up the matter as early as possible, preferably, on the same day, after hearing the parties, \

pass sutch orders as may be required in accordance with law.

Upon tJre petitioner furnishing the NOC before the passport authority, the same shall be considered by the passport authority for renewal of the passport in accordance with raw.

8.

Accordingly, the writ petition is disposed of with the above directiorrs. No costs.

Mirscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

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