WP/192/2026 of Niketan Panjela Vs Union of India on 27 January 2026

ORDER:

Heard Sri Jagan Mohan P, iearned counsel representing Sri Neeli Rishi Kumar, the learned counsel for the petitioner and Smt.NVR Rajya Lakshmi, learned Standing Counsel for Central Government, appearing for respondents. Perused the record.

2. This rvriI petition is filed complaining of the action oF the respondent authoritres in deboarding the minor petitioner on 23.1O.2025 and irr thereafter restraining him from travel, insisting upon surrender of his Indian passport and payment of penalty/ overstay fees, despite the minor being a citizen of India by descent under Section 4(1)(b) read with Secti,r r 4(1A) of the Citizenship Act, 1955.

3. The case of the petitioner is that the minor vas born in the United Kingdom on 23.O3.2022 to an Indian citizer father, rhat his birth r,r,as dull- registered u,ith the Indian Mis,r ion within the statutory period, and that he u,as issued an Inc[ an passport on O2.OS .2022. It is stated that the minor a-lso z :quired British citizenship by birth, which is automatic and involr ntary, and that under Section a(1A) of the Citizenship Act, 19ri i. the nrinor is entitled to retain Indian citizenship during rr i tority and the question of renunciation arises only. upon attaininrl majority.

4. Learned counsel for the petitioner cont:nds that the deboarding of the minor petitioner, insistence on r urrender of the Indian passport, and demand for penalty/ oversta \ fees are wholly arbitrary, unsupported bv any u.ritten order, anrl contrary to the statutory scheme under the Citizenship Act, I I55. Reliance is placed on the judgment of the Hon'ble Delhi High ( ourt in Akshar Reddg Vangau. Union oflndiat.

5. However, the learned counsel for the l,etitioner fairly conceded that the petitioner is rvilling travel otrr cf India on the -r' '12024 D}IC 23931

l sarne Indian passport ard therefore, prayed to allow the writ petition.

6. Learned counsel appearing for the respondents, produced written instructions issued by the Foreigners Regional Registration Office, Ilyderabad, wherein it is stated that the petitioner had arrived in India on 13.09.2025 on Indian passport, that an exit permit application dated 09. l2.2O2S is pending for payment of fees, ald that as per existing passport and immigration guidelines, an [ndian cttizen cannot hold a foreign passport. It is prayed that suitable directio.rs be issued to the petitioner to pay the requisite lee if he intends to travel on foreign passport.

Having considered tl-re submissions on either side and on a prima facie examination of the statutory provisions, this Court notes that Section a(lA) of the Citizenship Act, 1955 expressly protects the citizenship of a minor who is a citizen of India by descent, even .if such mrnor is also a citizen of alother country, until attainment of majority. The requirement of renunciation arises only upon attainirrg full age. During minority, the statutory right of citizenship cannot be curtaired by executive instructions or administrative guidelines. B. In the present case, the minor petitioner entered India on ar.r Indian passport and seeks to travel out of India on the same Indian \ \ (

passport. In the absence of any adjudication uncle r the citizenship Act, 1955, and in the absence of any written order declaring cessation of citizenship, the insistence on surren r :r of the Indian passport ard lely of penalty cannot be sustaineci. 9 ' ln view of the above facts and circumstan,. ,s, and *.ithout expressing any opinion on the final determinat i ; r of citizer-rship status, this Court deems it appropriate to disp rse of the writ petition with a direction.

10. Accordingly, the u'rit petition is dispos,: I of u,ith the directions the respondents to permit the minor pc ir.ioner, \,Iiketan Panjela, to travel to the United Kingdom on his Irdian passport, without insisting for surrender of the said perssp, t and sr-ra11 not levy or demand an1 penalty, overstay fee or r t ter charges in connection with such travel and also necessan r learance / exit permission / valid visa, if required, shall bc is ;ued lorthwith. subject to routine verification, to facilitate the minr,. ':i travcl. Miscellaneous petitions, il any, pending in t I s Writ petition, shall stand closed. //TRUE COPY// SDI C.DEEPIKA ASS STANT REGISTRAR SECTIbN OFFICER ./ To,

1. The Secretary, Ministry of Home Affairs, Union of lndia Jorth Block, New Delhi - 11000't

2. The Secretary, Government of lndia, Ministry of Exterrr Affairs Raisina Hill New Delhi.

3. ReoionalPassoortOfficer,RegionalPassportoffice,Hyderabad'D'No'8-2-

- z'tdto 219 Kurhmarguda, Secunderabad-500 003'

4. TheForeignersRegionalRegistationofficer(FR(Q!^2ndFloor,EastBlock, nica aM"rrn, oppl Pubtlc Gardens, Hyderabad - 500004

5. The Commissioner' Ministry of Home Affairs, Bureau of lmmigration' New Delhi

6. One CC to SRl. NEELI RISHI KUMAR, Advocate [OPUC]

7. ONE CC tO SMT NVR RAJYA LAKSHMI, SC FOR CENTRAL GOVERNMENT loPUcl

8. Two CD CoPies ^.DAN r\ )t ta_?L/ /\ \

/ I CG TODAY HIGH COURT DATED:2710112026

ORDER

WP.No.192 ot 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0 F , \ c t \q c.9 s .+ lJ, F-g.:) .\ .,.N rr(- $. \" tl-t