Telangana High Court
WP/37853/2025 of Mrs. Ayesha Asma Vs The Union of India on 5 January 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 37853 OF 2025 Between: AND 1 Mrs. Ayesha Asma, D/o Mohammed Azeemuddin, Aged
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE FIFTH DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 37853 OF 2025
Between:
AND
Mrs. Ayesha Asma, D/o Mohammed Azeemuddin, Aged about 52 years, Occupa'tion Household, No. 17-4-294, Mato Khidki, Yakutpura, Charminar, Hyderabad, Telangana - 500002.
...PETITIONER
The Union of lndia, Represented by its Secretary, Minisky of External Affairs, South Block, New Delhi - 1 1001 1 .
The Regional Passport Officer, Regional Passport Office, Door No. 8-2-215 to 219, Ku-mmarguda, Secunderabad, Hyderabad, Telangana 500003.
Mr. Shaik Hussain Al Amoodi @ Hussain Abdel Qader Alamoudi, S/o Late Shaik Abdul Khader Al AmoodiAoe 68 years, Occupation Retired' R/o Flat No. 60'1, Younus residency, New Malakpet, Hyderabad, presently residing at flat no.603, Galaxy Apartnients, Kurmaguda, Saidabad, Hyderabad R3 is impleaded as per C.O. d1.17 .12.2025 in LA. No.2/2025
...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 appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the inaction of the Respondents, particularly the Respondent No. 2 - Regional Passport Officer, in not considering and issuing the passport to the Petitioner pursuant to Passport Application Reference No. 25-'1051 299023 / File No. HYI 075'1885 1 3025 dated 09-05-2025, on the ground of pendency of a criminal case in C.C. No. 6187 of 2022' as arbitrary, illegal, discriminatory and violative of Articles 14 and 21 of the Constitution of lndia, and consequently direct the Respondents to issue/renew the passport of the Petitioner forthwith, by treating the order dated 26-11-2025
passed in CRLP No. 15524 of 2025 by the Honble High Court for the State of Telangana dispensing with the personal appearance of the Petitioner as suffici6nt compliance for the purpose of the Passport Act, 1967, in the interest of .justice
lA NO: 1 OF 2025
Petition under Section 151 GPC praying that in the (;i cumstances stated in the affidavit filed in support of the petition, the High Cou-l may be pleased to direct the Respondents to process the Petitioner's passport application bearing File No. HYl075188513025 and issue the passport with si )rt validity (for one year or as may be fixed by this Honble Court in terms of No i ication GSR 570(E)
dated 25-08-.1993, by treating the dispensation of personal ppearance granted in CRLP No. 15524 of 2025 as permission from the corr erned court during pendency of the criminal case Counsel for the Petitioner: SRI MD. FASIUDDIN
Counsel for the Respondents: SMT. NVR RAJYA LAKSHMt, SC FOR CENTRAL GOW. /
SRI N. BHUJANGA RAO,
Deputy Solicitor General o' ndia
Counsel for the Respondent No.3: - - - - The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURAtsLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETIT ION No.37853 of 2025
05.oL.2026
Between:
Mrs.Avesha Asma
...Petitioner
AND
The Union of India,
Represented by its Secretarv-,
Ministn' of External Affairs, New Delhi & another .,.Respondents
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ORDER:
The Writ Petition is filed challenging the action of Respondent No.2 in not reneu'ing the petitioner's passport uide File No.HY1075188513025, dated 09.05.2025 on the ground of pendency of criminal case.
2. Heard Sri Md. Fasiuddin, learned counsel for the petitioner and Smt N.V.R.Raj1'a Lakshmi, learned Standing Counsel for Central Government, for respondents. Perused the record.
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3. Learned counsel for petitioner submits that r rere arraignment of the petitioner rn a criminal case cannot be a gr < r-rnd for denial of passport. He reiies on the judgment of this Cour rn W.P.No.34165 of 2024 , dated 05 12 .2021.
4. Learned Standing Counsel for the respondr nts submits that criminal case is pending against the petitioner u r e C.C.No.6187 ot 2022 on the lile of learned VII Additional (t rief Metropolitan Magistrate at H1'derabad. It is submitted thir the respondent authorities n.ould consider the petitioner's appfic ttion for a period of one year onlr', if he obtains permission to tra\ ( L abroad from the court r.r'here the criminal case is pending against rim.
5. Be that as it ma1,, considering the judgmcrr of the coordinate Bench of this Court in W.P.No.24690 of 2025, lated 03.09.2025, and the purpose for rvhich the passport is beir.i requested by the petitioner, this Court directs the respondent Jo.2 to issue the passport to the' petitioner on the lollowing condi,i rns
i) The petitioner herein shall submit an u rdertaking along with an affidavit in C.C.No.8266 of 2O2O, pendi rg on the file of learned XVII Additional Chief Judicial Magistra e, Hyderabad at Nampally., stating that he shall not leave India luring pendency of the said C.C., without permission of the Cc urt and that he shall cooperate with trial Court in concluding tt e proceedings in the said C.C;
ii) On fiIing such an undertaking as we.l as affidavit, the trial Court shall issue a certified copy of the sar re within two (2) wecks therefrom;
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iii) The petitioner herein shall submit an application afresh along with certilied 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 Officer/ Authority shall consiCer 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, w:thin three (O3) weeks from the date of said application; vl Respondent No.2 shall consider the passport Rules, 1967 while considering the application for renewing of the passport to the petitioner; vil 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 petitioner 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.
6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaiieous petitions, il an5r, pending in this Writ petition, shall stand closed. SD/. P. PONNA KRISHNA To, //TRUE COPY// 1 . The Secretary, Ministry of External Affairs, The Urlion New Delhi - 110011
2. The Reg ional Passport Officer, Regional Passport rabad, Teo 219, Kumma One CC to S rg RI UdA, S MD. FASIUDDIN, Advocate ecunderabad, HYde ISTANT REGIST ECTION OFFICER lndia, South Block, , Door No. 8-2-215 lo langana 500003 J
One CC tO SMT, NVR RAJYA LAKSHMI' S ENTRAL GOVT TOPUCI b". ct to SRI N. BHUJANGA RAo, Deputy Solicitor General of lndia [OPUC] Two CD Copies BN GJP loPUCl CFORC
HIGH COURT DATED:0510112026
Si HE T oot Y t 'l 3 ',,' -l ? f, .i.
ORDER
WP.No.37853 of 2025 PA DISPOSING OF THE WRIT PETITION WITHOUT COSTS t O.: