Telangana High Court
WP/6852/2026 of Arun Sai Udathaneni Vs Union of India on 16 March 2026
IN THE HIGH COURT FOR THE STATE OF TE (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF TVIARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO:6852 oF 2026 Between: {rut1 Sai Udathaneni, S/o. Ramesh Udathaneni, Aged about 27 years, Occ.
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IN THE HIGH COURT FOR THE STATE OF TE
(Special Original Jurisdiction)
MONDAY,THE SIXTEENTH DAY OF TVIARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO:6852 oF 2026
Between:
{rut1 Sai Udathaneni, S/o. Ramesh Udathaneni, Aged about 27 years, Occ.
Student, R/o. HNo.1-1-4118,220 KV Sub Station- Road, Samidhisingaram, Manuguru, Manuguru, Bhadradri Kothagudem District.
...PETITIONER
Union of lndia, Rep. by its Secretary, Ministry of External Affairs, South Block, Raisina Hill, New Delhi - 1 1001 1 .
2. Regional Passport Office, Rep. by the Regional Passport Officer, Reqional Passport Office, MSME Tower, Sth Floor, D.No. 8-2-681111E, Road Nb. tZ, Banjara Hills, Hyderabad - 500034, Telangana State.
D
1.
..RESPONDENTS
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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not issuing passport mere pending of police verification on the application filed by the petitioner pass port application reference No. 25-1068843173 dated 21J22025 is illegal, arbitrary contrary to the provisions of the passport Act and as well as violation of fundamental rights guaranteed under the Constitution of lndia under Artide 21 of the Constitution of lndia Particularly Article 21 Right to Travel and consequently direct the respondents to issue petitioner pass port application reference No. 25-1 068843 1 73 dated 21 .12.2025.
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 direct the respondt:nts to issue petitioner pass port application reference No. 25- 1068843173 caled 21 .12.2025 forthwith pending disposal of the main writ petition and pass Counsel for the Petitioner: SRI DUNNA AMBEDKAR
Counsel for the Respondents: SRI G.VENKATESHWARLU, SC FOR CENTRAL
GOVT REPRESENTING SRI N.BHUJANGA RAO, DEPUTY SOLOCITOR
GENERAL OF INDIA
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEI}IAPAKA
WRIT PETITION No.68S2 of 2O26
L6.O3.2026
Between:
Arun Sai Udathaneni
AND
Union of India,
Represented by its Secretary,
Ministry of External Affairs, South Block, Raisina Hill, New Delhi and another
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ORDER:
.Petitioner authority seeking issuance of Respondents passport uide file however, the passport The petitioner made an application to the respondent-passport No.HY3066275422026, dated 21.Ot.2026; authority refused to issue the same on the ground that the police verification revealed adverse report stating that criminal proceedings are pending against the petitioner in crime No.424 of 2o2s of Manuguru Police Station and the case is pending trial uid.e c.c.No.616 of 2o2s on the file of learned Judicial First class Magistrate at Manuguru.
\tsK.J \\P 6J5l 1016
2. HeardSriDunnaAmbedkar,learnedcounselforthepetitioner andSriG.Venkateshrr,arlu,learneclstandingCounselforCentral GovernrrLent representing Sri N'Bhujanga Rao' learned Deputy SolicitorGeneraloflndiaforrespondent.Nos.land'2.Perusedthe record
3. Learnedcounselforpetitionersubmitsthatmerearraignment ofthep:titionerinacriminalcasecannotbeagroundfordenialof passpor-. He relies on the judgment of this Court in W'P'No'3211 of 2026, drrted 04'O2'2026'
4. Lt:arnedStandingCounsel'byreferringtoOfficeMemorandum datedl3.lo.20IgissuedbytheMinistryofExternalAffairs,submits that in viern' of the pending criminal proceedings against the petitioner, the petitioner is required to approach the concerned trial Court for necessary NOC/permission to obtain passport' and thereafl.erfurnishthesamebeforethepassportauthorityfor considering issuance of passport' In the instant case' the petitioner hasnol-furnishedNoC/permissionfromthetrialCourtandtherefore there is, no illegality in refusing to issue the passport'
5. tlavingconsideredtherespecti'n'esubmissions'attheoutset'it is settl.:d law that mere pendency of criminal proceedings cannot be a groql: to refuse issuance of passport' tn this connection' it is \BK.J WP t'S5l 1016 relevant to refer to the orders passed by the Hon'ble Division Bench of this Court in W.A.No.194 of. '2026, dated 17.02.2026, wherein the Division Bench has observed as follo'uvs: " 13. In the tight of the principle laid down by the Apex Court concerning the interpretation of GSR 570(E) dated 25.08.1993 and Office Memorandum dated 10.10.2019, we are of the considered view that the appellant should make an application for seeking NOC from the concerned trial courts where criminal cases are pending against him. It is upon issuance of NOC that the appellant should frle an application for renewal of the passport. In case the courts prescribe a period for which the passport is to be issued, the passport authority should honour that period. Otherr,vise, if it does not stipulate any period, the notification provides default rules, including issuance for a shorter period, ordinarily one Yeil, in appropriate cases."
6. In the instant case, there is no material placed on record to show that the petitioner fited an application before the concerned trial Court seeking a "No Objection Certificate" for obtaining of passport. In view of the pending criminal proceedings against the petitioner in C.C.No.616 of 2025 on the file of learned Judicial First Class Magistrate at Manuguru, this Court deems it appropriate to direct the petitioner to approach the court of learned Judicial First Class Magistrate at Manuguru and make an appropriate application seeking a "No Objection Certificate" for obtaining passport. Upon filing such application, the concerned trial Court shall consider the same and pass appropriate orders expeditiously, preferably within one week from the date of filing of such application. Upon furnishing the NOC
\ RK.J t,\ t- 5sil lr,il.; bi- the petitior-rer, the passpon authoritl' shali consider the same for reissui;rg/renew'ing of passport in accordance r.vith larv.
7. Il is made clea.r that the Noc that may be issued by the trial Court tc the petitioner for obtaining passport sha.ll not be construed as a pe,rmission to travel abroad. Irr case the petitioner intends to travel abroad during pendency of criminal proceedings, the petitioner shall fil-- a separate application seeking permission to tra'.rel abroad, by specifying the duration of travel, and the trial Court shall consider such acplication on its own merits, by imposing appropriate conditions in accordance r,vith lau,. Needless to mention that the trial Court sh all proceed in accordance with la'uv to secure the presence of the petit oner in case of violation of any of the conditions so imposed u'hile granting abroad travel permission. ti. Ac<:ordingly, the writ Petition is disposed of u,ith the above said clirectionr;. There shall be no order as to costs. Miscellaneous petitions, if any', pending in this writ petition, shall stand closed. P. PONNA KRISHNA //TRUE COPY// SITTANT REGISTRAR To SECTION OFFICER South Block,
1. !h9 pec1glary, Uryon of tndia, Ministry of Raisina l-lill, New Delhi - 1 1001 1. Affairs,
2. Ils n"-gjqlglP_assport officer, Regionatlqlqgg[o-ffice, Regionar passport ofrice, M:SME Tower, Qtfr F!9o1, D.[to. B-2-681:t1tB,-R;;d N;:ii: b;njrrc _ Hills, Hyderabad - 500034, Telangana State.
3. One CC to SRI DUNNA AMBE-Q[(4R, Advocate tOpUCI
4. ONE CC tC SRI N.BHUJANGA RAO, DEPUW SOLOCITON GENER/\L OF lNDtA, Advocate 1c5euc1
5. Two CD Oopies rS
HIGH COURT DATED:1610312026
ORDER
WP.No.6852 of 2026 DTSPOSSING OF THE WRIT PETITION WITHOUT COSTS .-.y'+t!'*''r oo t\[s fia 1 S j I Ii 1s i/ i b