Telangana High Court
WP/3606/2026 of Rabiya Bee Vs The Union Of India on 16 February 2026
COURT FOR.THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IVIONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 3606 OF 2026 [ 3300 I Shaik Mahamood Miya, Aged about 69 years, H. No. 19-2-2
IN THE HIGH COURT FOR.THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
IVIONDAY, THE SIXTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 3606 OF 2026
[ 3300 I
Shaik Mahamood Miya, Aged about 69 years,
H. No. 19-2-2 4l3l2lcl1 , Ali Bagh, Kalapather, Between:
Rabiya Bee,
Occupation.
Hyderabad.
Wo. Late
Housewife,
...PETITIONER
AND
1. The Union Of lndia, Rep. by its Secretary, The Ministry of External Affairs, New Delhi.
2- The Regional Passpo( Officer, Hyderabad, D.No. 8-2-2151o 21 9, Adjacent to Prashanth Theaters, Kummarguda, Secunderabad - 500003
3. Smt. I\.4ohammed Firdas Begum, W/o. Shaik Khadir, Aged about 29 years, Occupation. Housewife, Rl/o. H.No. 1-2-29144, Nandamurnagar, Near Maisamma Temple, Hydernagar, KPHB, Hyderabad. - 85
...RESPONDENTS
Petition under Arltcle 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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No. 2
in issuing Letter. No. HY1065718046325, dated. 31 .12.2025, refusing to issue petitioner's passport on the ground of pending criminal case, as.arbitrary, illegal and violative of Article 21 of the Constitution of lndia and consequently direct the Respondent No. 2 to issue the petitioner's passport without reference to pending criminal case.
Counsel for the Petitioner: SRI MOHD ISLAMUDDIN ANSARI
Counsel forthe Respondent Nos.1 &2: SRI M'VIJAY KUMAR, SC FOR
CENTRAL GOVT
Counsel for the Respondent No.3: '- -
The Court made the following: ORDER
,=ar!
/'
o
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.36O6 of 2026
Dated: L6.O2.2026
Between:
Rabiva Bee
'lht: Union of lndia & othcrs
AND
...Petitioner
...Respondents
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ORDER:
l'his Writ Petitiorr is liled seekrng to declare the action t>f respondent No.2 in issuing Lr.No.HY10657180'+6325, dated ll I .l,l.2t)25 refusins [o rene\\' the petittoner's passport on the grourlrd of'pcnding criminal case, as iliegal and arbilrary
2. Hearcl Sri Mohd. lslamuddin Ansari, learned counscl lor the pelitioncr and Sri I\4. VUol Kurnar, learned Senior Standing Counsel for Central Government, appearing for respondent Nos.l and 2. Perused the record.
3. Learned colrnsel for the petitioner submits ,hat the issue raised rn this r,r,ri1 l)ctitiolt is squarely covered b-r, rl e order of this CourL in W.P.No.263 t4 of 2025, dt.17.Og.2025, u,h: .ein this Court relvi,g upo, thc quiclelinc.s issurccl by the Hon,blt, \pcx Court as well as thts Court in varrous judgn-rerrts wlrt:- . jsss2nce ol passports aic pendrng on the gror,rnd of registrrrrr rn of crrminal qround to refuse passpo rt
4. l,earncd c.u,se[ lor tlte petitioner further submits that follou,ing the said dccision, recentl,\, thrs Court pr r sed orders ir_r WP.No.23077 of 2025, dt. 13.08.2025 direcring thc. r _,spondents to consider the applicatron of the petitioner, subj:::t to certain conditions as mentionecl thcrein.
5. Learneri co,nsel for th<: petitioncr further sr-rlt I its that since the petitioner is ir-rte.ding to travel abroad to attenci r:nferences as a Medical Practitioner, the authoritres ma]: bc direr__rr cl to consider petitioner's passport application lor a limited perio<l r f one -vear so as to enable the pe titioner to attend conferences as r'erred in the writ affidavit. cases, held that ltcnclcncr r>f crimir_tal cases is n r a )
l--k_ /.-) 6. on thc above submission being made, learned Standing Counscl appc:Lring lor respondent No.2 does not dispute the aforesarcl positior-r of Ia$.and stated tl-rat the present case is covered b1' Ll-rc aforetr cntiotl ccl orders of tl'ris Courl, and she has n<r objection if r1'ris Courrt \\.ere to clirect the authorities for considerir-rg the pctitioncr's passporl application for a period of one Year, subjccr to tlle condrtiotls, as Inenliotrcd in W.P No 2802 ol 202'1 and W.P.No.23077 ot 2025. 7 . In rrieu of the aforesairl submissions, this Court deems il appropr.i:rte to clispose oI Lhe ri riI perition in terms ol the orders irl W.P.Nr-r 2802 of 2024, dt.14.03 2024 and W.P.No.23077 of 2025'
8. Accordi:rgll', the Writ Petition is disposed of directing the respondc'nts to considcr thc petitiorrc!-'s passport applicatioll No' HY10657180+6325, dt.31.12 2025 b)' follou'ing lhe proccdure contemplatecl under Section 6(2)(f) ol the Passports Act, 1967, and the Rules made there under, subject to the following conditions:
i. The petitioner shall submit undertaking along wlth an affidavit before the trial Court/jurisdictional Court in connection with Crime No.145 of 2025 of KPHB Colony P.S., Cyberabad District, stating that he will not leave India during the pendency of the aforesaid cases without permission of the eoncerned Court and that he will { I
cooperate with thc trial Court / Investigating Officer in concluding the procee dings / investigation in thc said cases.
ii. On filing of such undertakings as well as z I -rdavits, thc trial Court /ju risdictional Court shall issue a <r rtified copy of the same to thc petitioner within a perio,i of two {O2l weeks there from.
iii. The pctitioner shalt submit certificd : aforesaid undertakings beforc thc passport issuance of his passport and the passport. ( consider the petitioner's applica I HY1065718046325, dt.3 1. 1 2.2OZS for issuancc for a pcriod of onc ycar, within a period of ttr from the date of submission of such unrl accordance with law. rpy of the Officer for tfficer shall on No. of passport (O2) weeks rtaking, in
iv. On issuance of passport, the petitioner shal deposit the same bcfore the trial Court/jurisdictional Cor rt in Crime No.145 of 2025 of KPHB Colony p.S., CyberiLl ad District. However, liberty is granted to the petitio rer to file application beforc the trial Court/jurisdictio r al Court in both thc cases seeking permission to travel abr,ad and it is for the trial Court /jurisdictional Court to cons.r er the same in accordance with Iaw. shall stan<1 closed. No order as to costs_ Consequr:ntl], miscellaneoLls erpplicaLions. ;cncling il any, Sc/ M.OSMAN ALI BAIG $r ] STANT REGISTRAR //TRUE COPY// i SECTION OFFICER
1. The Secretary, Union Of lndia, The Ministry of External \ffairs, New Delhi. 2 The Regioqal Passport Officer, Hyderabad, D.No. 8-2-11 5 to 219, Adjacent to Prashanth Theaters, Kummarguda, Secunderabad - 5C( 103 To, \
E
One CC to SRI MOHD ISLAIVIUDDIN ANSARI, Advocate [OPUC] One CC to SRI IV VIJAY KUIVAR, SC FOR CENTRAL GOVT [OPUC] Two CD Copies
PMK PMK \ 'w,
( { HIGH COURT DATED:161021202G
ORDER
WP.No.3606 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS KJ CC T(: DAY (: 't,/ t ( \. (:) O .{, ? 0 rt8 ?026 I i,)- i1 l), Z"fl1,