Telangana High Court

WP/38911/2025 of Mr. Laeeq Ahmed Khaja Vs Union of India, on 5 January 2026

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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: 38911 oF 2025 Between: Mr. Lleeq Ahme_d Khaja, S/o. Khaja Siddiqui Ahmed,

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: 38911 oF 2025

Between:

Mr. Lleeq Ahme_d Khaja, S/o. Khaja Siddiqui Ahmed, aged about 49 years, Occ. Business, Rl/o. H.No. 1-98, Farooq Nagar, Chowl-pally west., Ranga Reddy District, Telangana.

...PETITIONER

AND

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

2. Regional Passport Officer, Oio. Regional Passport Office, Hyderabad D. No.

8- 2- 215 to 2'19, Kummarguda, Secunderabad, Telangana - 500 003.

3. Mohd. Habeebuddin Ghori, S/o. Late Mohd Habeebuddin, Aged 68 years, Occ. Agriculture, Rl/ o. Farooq Nagar, Chowlapally west., Ranga Reildy District, Telangana.

...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 Writ of Mandamus declaring the action of Respondent No. 2 in refusing to renew the Petitioners Petitioner's passport bearing no.46478801

made vide file no. HY30772'116O5924 dated ll-12-2024 on the ground of pending criminal cases as being illegal, arbitrary, unconstitutional, in viotation of principles of natural justice, and contrary to the provisions of the Passports Act, 1967, and consequently direct Respondent No.2 to renew the Petitioners passport bearing no. A6478801 for a period of ten ( 10) years without reference to the criminal cases.

lA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the c i cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondent No. 2 to consider the Petitioners applic: tion for renewal of Petitioner's passport bearing no.A6478801 made vide file no 4y307721 1605924

dated 11'12-2024 without reference to the criminal cases lending disposal of this Writ petition.

Counsel for the Petitioner: SRI SYED MOUNTS JAFER ABtD I

Counsel for the Respondent Nos.1 & 2: SMT. N.V.R.RAJYA I AKSHMI, SC FOR

CENTRAL GO\/

..

Counsel for the Respondent No.3: -

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PET TION No.389Ll of 2o25

I

o5.oL.2026

Between:

Mr.Laeeq Ahmed Khaja

, ..Petitioner

AND

The Union of India,

Represented by its Secretary,

Ministry of Externa,l Affairs, New Delhi & 2 others

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ORDER:

.,.Respondents The Writ Petition is filed challenging the action of Respondent No.2 in not renewing the petitioner,s passport utd_e File No.HY3O772 11605924, dated 11.12.2024 on rhe ground of pendency of criminal case.

Heard Sri Mounis Abidi, learned counsel for thc petitioner and Smt N.V.R.Rajya Lakshmi, learned St;,nding Counsel for Central Government, for respondent Nos. I and, 2. perused the record rc

NBK, ] Wt' .l89ll 20},

3. Learned counsel for petitioner submits tha: mere arraignment of the petitioner in a criminal case cannot be a 51. ound for denial of passport. He relies on the judgment of this Cou- in W.P.No.34 165 of 2021 , dated 05. 12.2024 .

4. Learned Standing Counsel for the respon,l :nts submits that criminal case is pending against the petitioner r ide C.C.No.358 of 2076 on the file of learned I Additional Judicial rlagistrate of First Class at Shadnagar. It is submitted that the rcsp rndent authorities u,ould consider the petitioner's application for a reriod of one 1,ear only, if hc obtains permission to travel abroad frr n the court rvhere the criminal case is pending against him.

5. Be that as it may, considering the judgmeir . of the coordinate Bench of this Courr in W.P.l{o.24690 of 2025, tated 03.O9.2025, and the purpose for which the passport is bein6 requested by the petitioner, Lhis Court directs lhe respondent llo.2 to issue the passport to t1-re petitioner on the following conditi rns

i) The petitioner herein shall submit an t.r with an aflidavit in C.C.No.358 of 2O 16 on the Additional Judicial Magistrate of Flrst Class at Sh that he shall not leave India during pendency t without permissiou of the Court and that he she.l trial Court in concluding the proceedings in the r; ii| On filing such an undertaking as well trial Court shall issue a certlfled copy of the sa,r weelgr. therefrom; ./" iii) The petitioner hereln shall submit afresh along with certified copy of this orde:- dertaking along irle of learned I rdnagar, stating f the said C.C., cooperate with .id c.c; rs affidavit, the e within two (2) an application as well as the

Nlt( .r \\'P :r89| 202i aforesaid _u-ndertaking before tbe passport Oflicer / Authority concerned for renewing the passport; -ivl On flling such an application, the passport Officer/ Authority shall co[sider the same afresh in the light of the observations made by this Court herein as well as the contents of the undertaklng given by the petitioner for renewing the passport, in accordance with law, within three (O3l we;ks- from the date of said application; _

v) 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 unde*aking from the petitioner stating that the petitioner sha{ not overstay the permitted period and shall surrend.er the passport upon rcturn to India.

vii) Any other condition as deemed appropriate by the trial Court.

Accordingly, the Writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ petition, shall stand closed Sd/.P.PONNA KRISHNA SISTANT REGIS //TRUE COPY// ECTION OFFICER 1 . The PrinciPal Secretary, Union of lndia, Ministry of e al Affairs, South Block, Secreta riat, Raisina Hill, New Delhi

2. The Regional P ort officer, O/o. Regional PassPort Office, Hyderabad D. No. 8- 2- 215 to assp elangana - 500 003 YED MOUNI , Kummargu S JAFER A da, Secunderabad, T BiDl, Advocate [OPU To

N.V.R.RAJYA LAKSHMI One CC to SRI S One CC to SMT. loPUCl Two CD CoPies , SC FOR CENTRAL cl GOVT

5. PSK. PMK l

HIGH GOURT DATED:0510112026

ORDER

WP.No.38911 ot 2025 {HE S ti 3 0 JAil 2026 \.) C) (' d DISPOSING OF THE WRIT PETITION WITHOUT COSTS bo tla.t

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