WP/61/2026 of Smt. Seema Rai Vs Union of India on 12 February 2026

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAT- (Special Original Jurisdiction)

THURSDAY, THE TWELFTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRIJUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 61 OF 2026

Smt. Seema Rei, D/o. late Kumar Rai, Aged: 33 years, Occ: Pvt. Employee, Ri/o.

H.No. '14511, 3rc floor, Kaam Azaya, PH-2, TNGOsColony, Gachibowli,'Trilangana- 500 032

...PETITIONER

D

1. Union of lndia, Rep. by its Secretary, Ministry of External Affairs, South Block, New Delhi.

2. The Regional Passport Officer, Regional Passport Office, Ministry of External Affairs, Hyderabad

3. Prince Das, S/o. Susantha Das, Aged: 35 years, Occ: Pvt. Employee, Fl/o.

Flat No.304, Muneer Apartments, Kondapur Hyderabad

...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 an order, direction, writ, more particularly Writ of Mandamus declaring the action of the Respondent No.2 in not considering the Petitioners Application No. HY3067451172925 Dt. 28.02.2025 seeking for issuance of new passport to the minor daughter Baby "Sanyukta Rai" on the ground of want of consent from the father i.e., Respondent No 3 as illegal, improper, unjust, arbitrary, violative of Article 21 of the Constitution of lndia and contrary to judgments of this Hon'ble Court and further direct the Respondent No.2 to consider the Petitioner's Application No.HY306745'1 172925, process and issue the passport to the petitioner's minor daughter Baby Sanyukta Rai, without insisting for consent from the respondent no.3.

tion 151 CPC praying that in the circumstances stated in t of the petition, the High Court may be pleased to direct to consider the Petitioners Application No:

rs and issue the passport to the petitioners minor -, ranyukta Rai, without insisting for consent from the respondent no.3, forthwith, pending disposal of the above Writ Petition.

Counsel for the Petitioner: SRI V. YADU KRISHNA SAINATH

Counsel forthe Respondents No.1 & 2: SRI N. BHUJANGA RAO, DEPUW SOLICITOR GENERAL OF INOIA

Counsel for the Respondent No.3: SRI GOUTHA VINAY

The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

ULEI_T EEIIITIQILNo.6I of 2o26

t?.o?&a*?F_

Between:

Smt Secma Rai

...Petitioner

AND

The Union of India,

Represcnted by its Secretar5r,

IVlinist-r'y of Bxtcrneil Aflairs,

South Block, New Delhi & 2 othcrs

...Respondents

Tiris writ Petition is filcd undcr Article 226 of the Constitution of India praying to issuc a writ, C)rdcr or Direction, more particularly one in the naturc of Writ ol Mandamus, declaring thc actiorr of respondent No.2 in not considering the petitioner's application bearing No.l{Y3067451 17292s dared 29.o2.2o2s for issuancc of passport to the pctiti<lner's minor daughter namely I3aby "sanyukta Rai", as illcgal arnd arbitrary and consequently direct respondent No.2 to process thc saicl application and issue oRDID_B:

,

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passport to the minor child ',vithout insisting for the consent of respondent No.3, and pass such othcr order or orders as this I-ion'ble Court may deem fit and proper.

2'

Heard learned counsel f<-rr the petiti<lncr. Icarncd Sta'ciing counsci ;rppcarirrg frlr respondents Nos. r and 2 and rear.ed counsel for respondent No.3.

3'

l'earned counsel for the petitioner submits that the petitioner submitted an application bearing No.t-ly3o 6745ltT2()2.-> dated

28.o2.2025 sccking issuance of passport to the minor darrghter namcl,r'Baby "san.yukta Rai", but respondent No.2 is r10t considering thc same on Lhe ground o[ want of conscnt from trre fathcr i.c., l:espondcnt No.3.

4.

Learned counsel further submits that the petiti<lner is having custody of the minor child and the minor child is requirecl to travel \.

abroad and unless the passport is issued, thc pctitioncr and the minor child rvill be put to irreparable hardship.

5.

[,earned standing counsel appearing for responderrts Nos.1

and 2 submits that if appropriate orders are passcd b1, this co.rrt, respondent No.2 wi[ process thc apprication and issue passport i.

accordance with law.

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6.

i{aving regard to the flacts anr] circulmstanccs <>f the casc, this Court is of the opinion that the issue involved in the present r,l'rit petiLion is squarclrl.' covered by thc ordcr passed by this Court in W.P.N<r.545 | of 2025, dat-cd 31.10.2025-

7.

Accordingly, the Writ Petition is allo'uved, directing the respondent No.2 to consider the pctitioncr's application bearing No.l-1Y3067451172925 daLcd 28.O2.2025;rrtd issuc passpot't to the petil.ioncr'sminordaughtcrBabl"'San-yul<tal{ai"'u'ithoutinsisting for c<lnsent from the respondcnt No.i), lorthr,r'ith.'lherc shall be no order as to costs.

Miscellaneous petitions, i[ any, pcnding in this Writ Pct-ition, shall stand closed SD/. M. JAWAHAR REDDY

AS

ANT REGISTRAR

/TRUE COPY//

SECTION OFFICER

To

1. The Secretary, Ministry of External Affairs' Union lndia, South Block, New Delhi.

2. The Regional Passport officer, Regional Passport office, Ministry of External Affairs, HYderabad

3.oneCCtoSRlV.YADUKR|SHNASAINATH,Advocate[oPUC]

4. one cc to sRl N. BHUJANGA RAO, Deputy Solicitor General of lndia loPucI

5. One CC to SRI GOUTHA VINAY, Advocate [OPUC]

6. Two CD CoPies

MP

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Br{

HIGH COURT

DATED:1210212026

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