Telangana High Court

WP/32443/2025 of Mrs Ghanta Alekhya Vs The Union of India on 5 January 2026

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THE ST4TE Of TELANGANA AT HYDERABAD(Special Original .turisUiction)' ' '. MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY'Ii' [ 3300l ...PETlTIONER PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO :32443 OF 2025 Between: ff i"x?*$lf

HIGH COURT FOR THE ST4TE Of TELANGANA AT HYDERABAD

(Special Original .turisUiction)' ' '.

MONDAY, THE FIFTH DAY OF JANUARY

TWO THOUSAND AND TWENTY'Ii'

[ 3300l

...PETlTIONER

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO:32443 OF 2025

Between:

ff i"x?*$lf 3H',3,H"^B:?E1,1tlrt1i"t,Ii:r*ffis,"JI3if.;?8iyBfl jl"q&;

AND

ThenUnion of lndia, Ministry of Extemal Affairs , Rep by its Secretary New il::$"gsiljlff n'.oenpffi];[#:,.3:?l;oog"i%1fl ;;:,e"-: j;B,B#,

3. Smt Siva Sireesha Chun

i,i;.c;,id;b;li;r;,i",ifl#,,i,#li8lilliixllil*%::f, 1,0,"",.:f*",No305, R3 is impleaded as per C.O. dt.11.11.2025 in lA. No. 2t2O2S.

...RESPONDENTS

Petition under Articre 226 0t the constitution of rndia praying that In the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ in the nature of a writ of Mandamus or any other appropriate writ order direction to decrare the action of the 2nd respondent in not considering the Apprication Reference No. Hy2075440468925 dated 04_08_2025

submitted by the petitioner for the rimited purpose of Reissuing of her passport bearing Number v1604s46 by adding her husband's name and refusing t'he same by stating that on the ground of furnish acquittar court order in connection with pending criminar proceedings vide c.c.No.12 64r2o2s on the fire of the rearned 1st Addl. Junior Civil Judge_cum_lX Addl. Metropolitan Magistrate Court, Ranga Reddy at Kukatpa,y or obtain permission to depart from India from the same Hon',bre court where the criminar proceedings are sti, pending as being iregar,

arbitrary, void ab-initio and violative of due procedure of law besides violation of principles of Nlatural Justice and contrary to the Passport Act and Rules and in violation of Articles of 14,21 and 300-4 of the Constitution of lndia and it consequently direct the 2nd respondent to consider the petitioners Application with Application Reference No. HYD2075550468925 Dated 04-08-2025 submitted by the petitiorrer for the Limited Purpose of Reissuing of her Passport bearing Nubmer V 1604546 by adding Her husband's name and which is highly illegal, arbitray and b-. pleased to set-aside the letter of the Regional Passport Officer, Hyderabad, in File No. HYD2075440468925 dated 17-09-2025 as being against the principles of Natural Justice.

lA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filerd in support of the petition, the High Court may be pleased to pass an interim direction to the 2nd respondent to consider the petitioner's application with Applicatio,r Reference No. HYD2075440468925 dated 04-08-2025 submitted by the petitioner for the Limited Purpose of Reissuing of her Passport bearing Number V1604546 by adding her husband's Name without reference to the Letter of the Regionirl Passport Officer, Hyderabad, in File No. HYD2075440468925

dated 17-09-2025 during the pendency of the Writ Petition in the interest of justice.

Counsel for the Petitioner : SRI ANUJ RAJ

Counsel for the Respondents: SRI N.V.R.RA"JYA LAKSHMI (SC FOR CENTRAL GOVT)

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

o5.oL.20.26

Between:

Ghanta Alekhya

Petitioner

AND

The Union of [ndia,

Represented by its Secretar5r,

Ministry of External Aftairs, New Delhi & 2 others

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ORDER:

...Respondents The Writ Petition is filed challenging the action of Respondent No.2 in not reissuing the petitioner's passport uid.e File No.HY2o 75440468925, dated 04.o8.2o2s on the ground of pendency of criminal case.

2. Heard Sri Anuj Raj, learned counsel for the petitioner and Smt N.V.R.Rajya Lakshmi, learned standing counsel for central Government, for respondent Nos.l and 2. perused the record.

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3. Learned counsel for petitioner submits that mere arraignment of the petii:ioner in a criminal case cannot be a ground for denial of passport. ..Ie relies on the judgment of this Court in W.P.No.34165 of 2024, dra.ted 05.12 .2024.

4. Lea1eed Standing Counsel for the respondents submits that criminal cil.se is pending against the petitioner uide C.C.No. L264 of 20l21o on the file of learned 1"t Additional Junior Civil Judge-cum- IX Additional Metropolitan,Magistrate Court, Ranga Reddy District at kukatpalty. It is submitted that the respondent authorities would. consider the petitioner's application for a period of one year only, if he obtains permission to travel abroad from the court where the criminal case is pending against him.

5. Be that as it rrr.ay, considering the judgment of the coordinate Bench of this Court in W.P.N o.24690 of 2025, dated O3.OL.2O25, and the purpose for which the passport is being requested by the petitioner, this Court directs the respondent No.? to issue the passport to the petitioner on the following conditions: i! The petitioner herein shall submit an undertaking along with an aflidavit in c.c.No.L264 of 20.25, on the file of the learned l.t Additional Junior civil Judge-cum-f,K Additional ]lrtsflo:politan Magistrate court, Ranga Reddy District at kukatLpally.., stating that he shall not leave India during pende:ncy of the said c.c., without permission of the coutt and ittat lne shall cooperate with trial Court in concluding the proceedings in the said C.C; - NBKJ wP_32443_2025 iif on filing such an undertaking as well as affidavit, the trial Court shall i=-"rr. a certified copy of the same within two (2) weeks therefrom; iiil The petitioner herein shall submit an application afresh along wit-h certified copy of this order as well as the aforesaid orrd"tt"king before the Passport officer / Authority cotlcerned for reissuing the passport; ivt On filing such an afplication,- the Passport Oflice-r/ Authority shall coisider the same afresh in the tight of the_ obsenrations made by this court herein as well as the contents of the undertaking gir.o by the petitioner for renewing the passport, in acc-or&nce wilh law, within three (o3! weeks from the date of said aPPlication; vt Responiert No.i shall consider the Passport Rules, Lg67 while consideriag the application for renewing of the passport to the Petitioner; vi)Thecompetentauthorityshallspecifythepermission period of one year -for the petitioner to renew the passport for travelling abroad, and also Ltt"io appropriate__undertaking from the petitioner stating that the petitioner shall not overstay the p""Jitt"a period and shall surrender the passport upon return to India. vii)Anyotherconditionisdeemedappropriatebythe trial Court.

Accordingty, the writ Petition is disposed of. There shall be ^'.'JEIf-+H=IS?HXf; no order as to costs. Miscellaneous petitions, if any, pending in this writ Petition, shall stand closed. *ot" t rn", the l'A filed seeking for modification of the OrOer in Pag: Nosl2 & 3 at Para No{4 & 5 i;'the ord9r, {1t:d 9191: ;b;;"; w-.p.1...ro'sz'qqs ot 2025' rhe same ts substituted "nO u-rn"nO"O "t p-"i^It Order' ;:;;;;:o 2--2026 in I A No'1 or 2026 This Amended order shall^-substitute the earlier order"rifti"ft n" already been Oi.P"rcn"O on 23'01 -2026' //TRUE COPY/' iSlistiftiE;ts?HXfi SECTION OFFIGER

To, The Secretary, Union of lndia' Ministry of ExternalAffairs ' New Delhi - 'I::S",.g:]l3liff :S?r:P$ff1[{,1TtP"11'.39:Btj?"Tf"3;',"'3""5".31' '?fi.'3i,,?*"?i:a?B.i:iiifl{fg!lilfi$ii#f,1.3}r""aB5lfl }3'ou' impleadel as Per C.O d

4. One CC to SRI ANUJ RAJ, Advocate' IOPUC] u33?r*"nir.,l?lTl*n*J;5,I#,"tn"t&5?'}l''."8in";t"oT'*lSll]ffol toPUCI

6. Two CD'3oPies. BSK (v re

j I I \ HIGH COURT DATED:0510112026 10t0212026 ( * AMENDED ORDER WP.No.3Z443 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .J -) Ir1E S 'i 6 .;B 7fl7f, z ,{a trx' q, *

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