WP/4094/2026 of Gopal Reddy Kodipelly Vs The Union of India on 25 February 2026

1. The Union of lndia, Rep. by its Principal Secretarv. Ministrv of External Affairs. South Block, Secretariat, Raisina Hill, New Delhi,'lndia.

2. ]he Rggional Passport Officer, O/o. The Regionat passport Office, 73, Red Cross Road, Shivaji Nagar, Secunderabad, Te-langana - SbO0O3.

3. The Passport Seva Kendra, Nizamabad, Nizamabad District.

4. 8.. Srinivas, PC-809, Metpalli Police Station, Metpally, Jagtial District, Telangana. 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 pass an order, direction or writ more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 and 3 in not renewing the Passport bearing No. J5045606 it puriuant to the application made by the petitioner vide File number HY4077109993724 dated 12.11.2024 on the ground that Criminal Case vide Cr.No.31212020 on the file of PS Metpally as illegal, arbitrary, and in violation of principles of natural justice and also in violation of procedure laid down under The Passports Act, 1967 and c,onsequently direct the Respondent No. 2 and 3 to renew the Passport bearing No. J5045606 by considering the application by the Petitioner vide File number HY4077109993724 dated 12.11.2024 in the interest of justice and equity.

lA NO: { OF 202t1 Petition urrder 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 Respondent No. 2 and 3 to consider the application vide File number HY4077109993,'24 dated 12.11.2024 submitted by the petitioner and renew the passport vide No. 35045606 Pending disposal of the above Writ Petition in the interest of justic-.. Counsel for the Petitioner: SRIALLURI DIVAKAR REDDY Counsel for ther Respondents No.l to 3: SMT. N.V.R. RAJYA LAKSHMI, S.C. FOFI CENTRAL GOVERNMENT REPRESENTING SRI N. BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.4: - The Court made the following: ORIIER

IN THE HIGH COURT F.OR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI{A UTRIT PETITION No-4O94 of 2o26 2s.o2.20.26 Between: Gopal Reddy Kodipelly ...Petitioner AND The Union of India, Rep.by its Principal Secret.ry, Ministry of Externat Aftrairs, South Block, Secretariat, Raisina Hill, New Delhi, lndia and 3 others ...Respondents The Writ Petition is filed challenging the action of Respondent Nos.2 and 3 in not renewing the petitioner's passport uide FlLe No.HY4077LO9993724, dated 12.L1.2O24, on the ground of pendency of criminal case.

2. Heard Mr.Alluri Divakar Reddy, learned counsel for the petitioner and Smt N.V.R.Rajya Lakshmi, learned Standing Counsel for Central Government representing Sri N.Bhujanga Rao, ' 3. Learned counsel for petitioner submits titat mere \BK.J lr'P +09-t l0t6 learned Deputy Solicitor General of India, for respondent Nos.1 to

3. Peruse,l the record. arraignorerrt of the petitioner in a criminal case cannot be a grounll for denial of passport. He relies on the judgment of this Court in W.P.No.32Il of 2026, dated 04.02.2026.

4. Learned Standing Counsel for Central Government, for the respondr:nts submits that crirninal case is pending against the petitione,r in Crime No.312 of 2O2O for the offences punishable under Sections 143, 147,148, 188, 341,353 read u,ith 149 of IPC of Metp,ally Police Station and the case is pending trial vide C.C.No.:204 of 2O2l on the file of learned .Judicial Magistrate of First Class at Metpally. Therefore, refusing to renew the passport as per Rules is not said to be illegal.

5. Be that as it may, considering the judgment of the coordinate Bench of this Court in W.P.No.32IL of 20'26, dated 04.02.2026, and th,: purpose for which the passport is being requested by the petitiorrer, this Court directs the respondent Nos.2 and 3 to renew the pas;sport to the petitioner on the following conditions: if The petitioner herein shall submit an undertaking along with an alridavit in c.c.No.2o4 of zozI,, pending on thi file of learned Judicial Magistrate of First class at Mltpa[y., st;1$ng that he shall not leave India during pendency "r ttre J \BK.J rvP 4()01 tot6 z_--__*. SD'. B.REKHA RANI said C.C., without permission of the Court and that he shall cooperate with trial Court in concluding the proceedings in the said C.C; iif On filing such an undertaking as well as affidavit, the trial Court shall issue a certilied copy of the same within two {2f weeks therefrom; iiif The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertak'ing before the Passport Officer / Authority concerned for renewing the passport;

iv) On filing such an application, the Passport Officer/ .Authority shall consider the same afresh in the light of the obsenrations made by this Court herein as well as the contents of the undertaking given by the petitioner for renewing the passport, in accordance with law, within three (O3f weeks from the date of said application; v! Respondent No.2 shall consider the Passport Rules, L967 while considering the application for renewing of the passport to the petitioner;

vi) The competent authority shall specify the permission period of one year for the petitioner to renew the passport for travelling abroad, and also obtain appropriate undertaking from the petitioner stating that the petitioner shall not overstay the permitted period and shall surrender the passport upon return to India. vii! Any other condition as deemed appropriate by the trial Court.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand ,/TRUE COPY/ ASSISTANT REGISTRAR SECTION OFFICER

To

The Regional Passport Officer, O/o. The.Reg.ional Passportlffice, 73, Red Cioss n-oid, Snivali Nagar, Secunderabad, Telangana - 500003.

2. The Passport seva Kendra, Nizamabad, Nizamabad District-

3. One CC to SRIALLURI DIVAIGR REDDY, Advocate [oPUC]

4. One cc to sRl N. BHUJANGA RAO, Deputy Solicitor General of lndia [OPUC]

5. Two CD CoPP1 MPW PS5...,-#;:.=-:.-.':.',::-.,...:..].'

,I HIGH COURT DATED i2510212026 ATE \\\$ :t';) A s o 3" 1t ! * l-r;l :-r i -"-.1...

ORDER

WP.No.4094 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS lr-s ,fzfze