Telangana High Court
WP/2811/2026 of Sanem Mahender Vs Union of India on 23 February 2026
THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 2811 OF 2026 Between: Sanem Mahender, S/o. Sanem Yellaiah Goud, Aged
[ 33001
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY THIRD DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 2811 OF 2026
Between:
Sanem Mahender, S/o. Sanem Yellaiah Goud, Aged 48 years, Occ; Pvt Employee, FUo.H.No.1-4311 , Koheda, Havath Nagar, Rangareddy, Telangana- 501 51 I .
.....PETITIONER
AND
1. Union of lndia, Rep. By Secretary Ministry of Extemal Affairs South Block, New Delhi.
2. The Regional Passport Office, Hyderabad Off. D.No. 8-2-215 to 2'19, Secunderabad Telangana-500003.
3. Kakarakayala Sudhakar, S/o Balakistaiah, Age 47 years, Occ. Driver R/ o.
Kacharam Village, Shamshabad, Rangareddy, Telangana.
.....RESPONDENTS
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 issue a Writ, Order or Direction, particularly in the nature of Writ of Mandamus, Declaring the action of the Respondent No.2 in not processing application no. HYl076145665724 for renewal of bearing no. 11299384 stating pending criminal case C.C No. 27 of 2023 on the file of Xl Addl. Metropolitan Magistrate, Cyberabad At Rajendranagar, R.R District by issuing Letter Reference No. OBJ/316885097124 dated 25.0'1 .2024, as being arbitrary, illegal and contrary to the Passport Act, 1967 and Rules and violation of Article 14, 19 and 21 of the constitution of lndia and direct the Respondent No 2 to renew/ reissue the passport bearing no. L1299384 to Petitioner as per provisions of the Passports Act, 1967 without reference to the pending criminal case C.C No. 27 of 2023 on the file of Xl Addl. Metropolitan Magistrate, Cyberabad At f ajendranagar, R.R
District.
Prayer amended as per C.O. dt. 10.04.2026 in l.A.No.2 of 20 26
I.A.NO:1 OF 2026
Petition Under Section 151 CPC praying that in the cir,; mstances stated in the affidavit filed in support of the petition, the High Courl nay be pleased to suspend the letter vide Letter Reference No.OBJ/3'16885O9'124 and direct the Respondent No.2 to process and consider the Petitioner's lassport application bearing No.HY1076145665724 for renewal of passport b€aring no.L'|299384
without referring to the pending criminal case C.C.No.2T ot :2 t23 on the file of Xl Addl Metropolitan Magistrate, Cyberabad At Rajendranagar, Fi. R. Diskict.
Prayer amended as per C.O. dt. 10.04.2026 in t.A.No.2 ot 2(26
Counsel for the Petitioner : SRI SINDE MOHAN DEVTDHAS
Counsel for the Respondent Nos.1 & 2 : SMT N.V.R.RAJAYa LAKSHMi, Counsel for Central Government representing SRI N.BHUJ,A {GA RAO, DEPUTY SOLICITOR GENERAL OF INDIA
Counsel forthe Respondent No.3 : --
The Court made the following ORDER
IN THE HIGH COURT FOR TI{E STATE OF TELANGANA
AT TTYDERABAD
THE HONOURABLE SRI JUSTICE NAGESII BHEEMAPAXA
WRIT PETITION No.281l of 2o26
23.O2.2026
Between:
Sanem Mahender
...Petitioner
AND
The Union of India,
Rep.by its Principal Secretary,
Ministry of External AJfairs, South block, New Delhi and 2 others
...Respoadents
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ORDER:
The Writ Petition is Iiled challenging the action of Respondent No.2 in not renewing/reissuing the petitioner's passport uide Flle No.HY1O76145665724, dated 25.OI.2O24, on the ground of pendency of criminal case.
2. Heard Sri Sinde Mohan Devidhas, Iearned counsel for petitioner and Smt N.V.R.Rajya Lakshmi, learned Standing Counsel for Central Government representing Sri N.Bhujanga Rao, learned Deputy Solicitor General of India, for respondent Nos. 1 and
2. Perused the record.
t I ' i : NBK.J wP 28t I 2026
3. l,earned counsel for petitioner submi s that mere arraignment of the petitioner in a crirninal case ca'r rot be a ground for denial of passport. He relies on the judgment rf this Court in W.P.No.321l of 2026, dated 04.02.2026.
4. I-earned Standing Counsel for Central Gove nment, for the respondents submits that criminal case is pen J ng against the petitioner in CC.No.27 of 2o.23 for the offences p'Lnishable under Sections 468, 47I, 42O, 412 & 406 of IPC on r.l e hle of the XI Additional Metropolitan Magistrate, Rajendranaga Court and the case is pending tria-I. Therefore, refusing to renevr the passport as per Rules is not said to be illegal.
5. Be that as it may, considering tJle judgment , f the coordinate Bench of this Court in W.P.No.32ll of 2026, de:ed 04.02.2026, and the purpose for which the passport is being I equested by the petitioner, this Court directs the respondent No.2 o renew/reissue the passport to the petitioner on the following conl tions: il The petitioner hereia shall submit a.r undertaking aloug wlth an aflldavit in C.C.IYo.27 of 2023, p, ading on the IlIc of the )q Addltloral llfletropolltan Maglstrate, RaJendranagar Court.., statiag that he shall not leave Indla dtu ing peudency of the said C.C., without permission of the Couu t ard tlat he shaU cooperate wtth trlal Court ta concluding tb: proceedings ia the sald C.C; iif Oa filing such an uadertakirg as wr:l . as aflidavit, the trial Court shrll issue a certlfred copy of th, same within ttrro (21 weeks therefroml / I NBK.J wP 2811 2026
iii) The petitloaer herein shall submit an applicatlon afresh along with certilied copy of this order as well as the aforesaid uadertakiag before the Passport Oflicer / Authority coaceraed for reaewing/reissulng the passport;
iv) On Iiling such an application, the Passport Oflicer/ Authority shall consider the same afresh in the light of the obserwations made by thls Court hereis as well as the conteats of the uadertaking givea by the petitioner for renewing the passport, ia accordauce with [aw' within three (Ogl treeks fron the date of said appllcation; vl Respondent No.2 shrll consider the Passport Rules, 1967 while coasidering the application for renewing of the passport to the petitloner; vil The competetrt authority shall specify the penolsslon perlod of ore year for the petltioaer to reaew the passport for travelliag abroad, and also obtain apProPriate uadsttaLlng from the petitioaer stating that the petitioner shall not overstay the permitted period and shall surrender the passport upon retrrrn to India. vitl Aly other conditioa 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 clo d SD/. C. OEEPIKA ASSISTANT REGISTRAR Note : That the C.C number mentioned in the order dated 23-02-2O26 in WP.No'2811 o12026 is wrongly read as "G.C.No.32 ot 2023" instead of "C.C'No'27 & ZOZ}" and the same is corrected as perthe orders of the Hon'ble Court dated l0-+2026 in I'A.No'2 of 2026. order To This amended order shall substitute the earlier which has already been dispatched on 05/3/2026' Sd/.A.SRINIVAS REDDY ASSISTANT REGISTRAR //TRUE COPY//
SECTION OFFICER l.TheSecretary,Unionoflndia,MinistryofExternalAffairsSouthBlock,New l I I : I I il
Delhi. ine neoionat Passport Office, Hyderabad Off . D No 8-2-215 to 219 ' SecundErabad Teldngana-500003. The Xl Additional Metropolitan Magistrate, Raiendranagar' one cc to sRl SINDE tr/lOnRru DEVIDHAS, Advocate [oPUC] - o;; ca to sRl N.BHUJANGA RAo, Deputy Solicitor General of lndia, Advocate [OPUC] Two CD Copies o.
I
HIGH COURT DATED:2310212026 1010412026 AMENDED ORDER WP.No.2811 of 2026 DISPOSING OF THE W.P WITHOUT COSTS. o ST t -; I 2t ut'r t)or)q.* rs v//
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