WP/3211/2026 of Sri Basa Satyanarayana Rao Vs The Union of India on 4 February 2026

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT

N Between: Sri Basa Satyanarayana Rao, Occupation. Advocate, Rl/o H. Telangana. Bapu Rao Basa, Aged about 72 Years' 10-2-39ol5lA, Vidya Nagar, Karimnagar, ...PETITIONER AND '1. The Union of lndia, Rep. by its Secretary, Ministry of External Affairs, New Delhi. The Reoional PassDort Officer, Reqional Passport 8-2-21 s-to 2 79, Kum marguda, Secunderabad, T.S. Office, Hyderabad, D.No.

- 500003.

3. The State of Telangana, Rep. by its Principal Secretary, Home Department' Secretariat, 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 writ, order or Direction more particular one in the nature of writ of Mandamus, declaring the action of the respondent No. 2 in not considering the petitioner's application bearing File No. HY706631 6868124 dt. 01 .03.2024 and in not issuing the Passport to the petitioner by keeping the same in abeyance as illegal, arbitrary, violative of principles of natural justice, violative of Article, 14, 19 and 21 of the constitution of lndia and. against all settled principles of law and consequently direct the respondent No. 2 to issue passport to the petitioner by considering the petitioner's application bearing File No. HY7066316868124 dt.

01. o3.2024. S/o No.

TnnE Petition under section 'l sl 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 to issue passport to the petitioner by considering the petitioner's application bearing File No. Hy7066316868124 dt. 01.03.2024, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI BASA CHANAKYA Counsel for the Respondents No. 1 & 2: SMT. N.V.R. RA.'YA LAKSHMI, S.C. FOR CENTRAL GOVERNMENT REPRESENTING SRI N. BHUJANGA RAO, DEPUry SOLTCITOR GENERAL OF INDIA Counsel for the Respondent No.3: Gp FOR HOME The Court made the following: ORDER

a;, IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.32lL of 2026

04. o2.2026 Between: Sri Basa Satyanarayana [?ao ...Petitioner AND The Union of India, Rep.by its Secretar.v, N4inistry of External Affiiirs, New Delhi and 2 others ...Respondents GRDER: Thc Writ Petition is filed challenging the action of Respondcnt No.2 in not issuing tlre pbtitiorter's passport uide It'ile No.t-{Y70663 16868 l'>4, ciatecl Oi .O3.2A24, on the ground ol' pendenc.r, of criminal cascs.

2. I{eard Sri Chan:rk1r2 Basa, learned counsel for petitioner, Smt N.V.R.Rajya Lakslrmi, iearned Standing Counsel for Central Gorrcrnment rcprescnting Sri N.Bhujanga Rao, learned Deputy Solicito; General of [ndia, for respondent Nos.l and 2 and a*

) NllK..l \vP l2t I 2026 learned Government pleader frlr Home for respondent No.3. Perused the record.

3. Lea:'ned counsel for petitioner submits that mere arraignmt:nt of the petitioner in a criminal case cannot be a ground for denial of passport. He relies on the judgment of this court in v/.P.No.24690 of 202s, dated 03.og.2o2s.

4. Learned Standing counsel for the respondents submits that criminal cases are pending against the petitioner and the petitioner is arraycd as an accused in crime No.3B5 of 2o2o of Karimnagar- II Town police Station and the case is pending trial vide c.c.l{o. 1782 of 2o2o and crime No.4 17 of 2o2o of Karimnagar- II Town police station and the case is pending trial vide S.c.No.19o of 2022 and crime Nos.6l s, 6 16, 6lr, 61g, 619 and 624 ol' 2023 .f Karimnagar-ll rown police station and all the cases are pending trial vide c.c.Nos. 1g83, 17T1, 1172, 1781, 1793, 1879 of 2023 befcrre the concerned trial courts. The c.c.Nos.18t]3 and rTTt of 2023 are pending before the learned Judicial" Magistrate of First class (pcR) Special Mobile at Karimnagar

5. Be that as it may, considering the judgment of the NIJK..I wP_J2 r r_2026 coordinate Bench of this Court in W.P.No.2469O of 2025, dated 03.09.2025, and the purpose for w,hich the passport is being requested by the petitioner, this Court directs the respondent No.2 to issue the passport to the petitioner on the following conditiclns: if The petitioner herein shall submit an undertaking along with'an affidavit in C.C.Nos.1883 and L77L of 2023, pending on the file of learned Judicial Magistrate of First Class (PCRI Special Mobile at Karimnagar., stating that he shall not leave India during pendency of the said C.Cs., without permission of the Court and that he shall cooperate with trial Court in concluding the proceedings in the said C.Cs; iif On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (2) weeks therefrom; iiif The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the Passport Officer / Authority concerned for renewing the passport;

iv) On filing such an application, the Passport Oflicer/ Authoiity shall consider the same afresh in the light of the observations 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 petltioner 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. t t

,l NBK,J wP_12 I t_2026 6' Accordingry, the writ petition is disposed of. There sha, be no orcler as to costs. Miscellaneous petitions, iI ar1y, pe r_rding in this Writ Pctition, s;hall stand closed. To MP Sd/-C.DEEPIKA REGISTRAR //TRUE COPYII N OFFICER

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

2. J[ejggional Passport officer, Regional passport office, Hyderabad, D.No. 8-2-218 to 279, Kummarguda, Secuiderabad, t.S. _ bOOOOS.

3. The Prircipal Secretary, Home Department, State of Telangana, Secretariat, Hyderabad.

4. One CC to SRI BASA CHANAKYA, Advocate tOpUCI

5. one cc to sRl N. BHUJANGA RAo, Deputy solicitor General of tndia IoPUCI

6. Two cos to GP for Home. High court for the state of relangana at Hyderabad.[OUT]

7. Two CD Copies

oo s 1HE l. r I

HIGH COURT DATED:04/0212026

ORDER

(l26 I

* * WP.No.3211 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS L \'r

L a