Telangana High Court
WP/5212/2026 of NIKHIL PREMDAS BABANI Vs UNION OF INDIA on 16 March 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 5212 OF 2026 Between NIKHIL PREMDAS BABANI, s/o Premdas Arjundas Babani,
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE SIXTEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 5212 OF 2026
Between
NIKHIL PREMDAS BABANI, s/o Premdas Arjundas Babani, aged about 35
years, Occupation: Employment, Vietnam, Resident of Cong Ty TNHH phat Trien ThuongMAl xNK vlET AN 41 D Bui rhi Xuan, Phuong pham Ngu Lao, Quan 1, Thanh pho Ho Chi Minh Vietnam.
lndia Address: 10-5-2ol1l2 FLAT-407 SERENE pcH AHMED NAGAR
HYDERABAD, HYDERABAD PIN.sOOO28, TELANGANA, INDIA
Represented by his GPA, Premdas Arjundas Babani S/o Arjundas Babani Resident of 10-5-2ol1l2 FLAT-407 SERENE PcH AHMED NAGAR
HYEERABAD, HYDERABAD PIN.sOOO28, TELANGANA, INDIA
PETITIONER
AND
1. UNION oF lNDlA, Represented by Foreign secretary, 748 South Brock, New Delhi
2. vlcE couNSUL (CONSULAR) CONSULATE GENERAL oF rNDrA, 9 Dang Huu Pho, An Khanh Ward Ho Chi Min City, Vietnam.
, Email: cons.hcm@mea.oov.in
3. Anisha Andhani @ Anisha Babani @ Drishti Nihil Babani, wo Nikhit Premdass Babani, Aged 30 years, occ Household R/o 5-8-49/15, chirag Ali Lane, Abids, Nampally, Hyderabad 500001, Telangana State Respondent no. 3 is impleaded as per c.o.dt.02.03.2026 in lA No.2t2oz6
(W.P.No.5212 ot 20261
RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circurnstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the 2nd respondent in issuing the letter No.
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HCM/CONS/05/20:26 dated 11.02.2026 of the 2nd Respondent rejecting the renewal of the lndian Passport of the Petitioner in application ARN-26- 2000195839 bearing passport no.23761049 issued on 26.07.2016 and due to expire on25.07.2026 at Guangzhou, Chineras bad and not in conformity with the Act and the Rules and issued mechanically and consequently to quash the same os, illegal, without authority, jurisdiction, arbitrary and violative of Principles of Natural Justice and Article 21 of the Constitution of lndia and consequently issqe directions to the 2nd respondent to ren,=w the petitioner's passport in application ARN-26-2000195839
bearing passport no. 23761049 issued on 26.07.2016 and due to expire on 25.07.2026 for the full statutory period of 10 years.
l.A. NO: '! OF 202(i
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 respondents to prcrcess and renew the petitioner's passport in application ARN-26- 2000195839 bearing passport no.23761049 issued on26.07.2016 and due to expire on 25.07.2026 for a minimum period of 5 years subject to the finality Pending disposal of the Writ Petition.
Counsel forthe Petitioner: SRI JAVED RAZACK
Counsel for the Respondent No.1 & 2: SMT N.V.R.RAJYA LAKSHMI, SC FOR CENTRAL GOVT., REP.
SRI N.BHUJANGA RAO,
DEPUW SOLICITOR GENERAL OF INDIA
Counsel for the R.espondent No.3: SRI SYED ASHFAQ AHMED
The Court made the following: ORDER
:
I
IN THE HIGH COURT FOR THE STATE OF TELAITGANA
AT HrcERABAI)
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A
UIRIT
No.5212 of 2o26
L6.O3.2026
Between:
Nikhil Premdas Babani
...Petitioner
AND
Union of India,
Represented by Foreign Secretary,
74B South Block, New Delhi and 2 others.
...Respondents
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ORDER:
The petitioner is aggrieved by the refusal of the 2"d 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.706 of 2022 on the file of learned XIII Additional Chief Metropolitan Magistrate, Manoranjan Court Complex.
2. Heard Mr.Javed Razack, learned counsel for the petitioner, Smt.N.V.R. Rajya Lakshmi, learned Standing Counsel representing Mr. N. Bhujanga Rao, learned Deputy Solicitor General of India, for respondent Nos.1 and 2 and Mr.Syed Ashfaq Ahmed, learned counsel for respondent No.3. Perused the record. r'
NBK,J wP_5212 2026 3' Learned counsel for the petitioner submits that the petitioner is Non-Residr:nt Indian since 2OOZ and had been living in China till November 2023 and presently residing at Vietnam since April 2024, and his passpcrt is valid until 2s.oz-2026, and mere pendency of criminar proceedings cannot be a ground to refuse issuance / renewal of the passport. 4' Per contra, learned Standing counser would refer to the judgment of the learrLed Division Bench in w.A.No .L2g of 2o26,dated os.o2.2o26, and submit that the petitioner has to obtain Noc from the concerned trial court and thereafter approach the passport authority for renewal of passport; however, in the instant case, the petitioner has not approachec[ the concerned trial court for obtaining Noc, and therefore the impugned refusal of the passport authorit5r under section 6(2) of the Passports 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,bre Division Bench in w.A.No. r2t; of 2026, dated 05.02.2026, the relevant portion of which reads as follows: "The right course for the appellant in such circumstances is to approach the concerned court of criminar jurisdiction with an application for issuance of no objection certilicate and such othe' anc,rary prayers as may be sought in the facts and cjSdmstances of the case. Needless to say that if such ' -
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NBK,J wP_52t2 2026 application is made before the learned Court, it would take up the matter as earlyras 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. Learned Senior Counsel for the appellant at the end submits that on account of inability of the appellant to appear before the learned Court on 27.L2.2O25, a petition under section 3L7 of cr.P.C. to dispense with his personal appearance was filed before the learned Court and the sarne is pending. The appellant is at liberty to press the said application before the Iearned Court while 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 Vietnam, and in view of the pending criminal proceedings against him in C.C.No.7O6 of 2022 on the file of learned XIII Additional Chief Metropolitan Magistrate, Manoranjan Court Cornplex, the passport authorit5r refused to renew the passport.
7. In that view of the matter, and considering the judgment of the Honble Division Bench in W.A.NI.728 of 2026, dated 05.02.2026, the oetitioner is granted liberty to approach the Court of learned Xtll Additional Chief Metropolitan Magistrate, Manoranjan Court Complex, and file an application for issuance of NOC for renewal of passport, along rvith an appl.ication under Section 317 of Cr.P.C. for dispensing \ \
*-r*,, wP_5212_2026 with his personal appearance. upon filing such application, the trial court shalr take up the matter as earry as possibre, preferably, within the same week and after hearing the parties, pass such orders in accordance with law. Upon the petitioner furnishing the Noc before the passport authority, the same shall be considered by the passport authority fcrr renewal of the passport in accordance with law.
8. Accordingly, directions. No costs the writ petition is disposed of with the above Misct:llaneous petitions, if any, pending in this writ petition, shalr stand closed. // To, BSR .MALLIKARJUNA RAO ISTANT REGISTRAR /,TRUE COPY// SECTION OFFICER
1. The Forr:ign secretary, 74B south Brock, New Delhi, Union of lndia. 2- The Vicr: counsul (consular) consulate General of lndia, 9 Dang Huu pho, Ah Khanh Ward Ho Chi Min City, Vietnam.
3. The Xlll Additional Chief Metropolitan Magistrate, Manoranjan Court Complex, Nampally, Hyderabad
4. One CC to SRI JAVED RAZACK, Advocate tOpUCI
5. One CC to SRI SYED ASHFAQ AHMED, Advocate tOpUCI
6. one cc; to sRl N.BHUJANGA RAo, DEpury soLtctroR GENERAL oF lNDlA, lligh court for the State of relangana at Hyderabad topucl
7. Two CD Copies tu
HIGH COURT DATED: 1610312026
ORDER
WP.No.5212 ot 2026 DISPOSTIIG OF THE WRIT PETITION, WITHOUT COSTS Kj ltlu' t CC TODAY s7A ,1 I tiAB 2026 o L} i.'t ,, * l;i.-. (':