Telangana High Court

WP/40115/2025 of Ayhavari Prathibha Sreshta Vs Government of India, on 30 December 2025

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COURT FOR THE STATE OF TELANGANA AT HYOERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 40115 OF 2025 [ 3300 ] ...PETITIONER Between: AND 1 Avhavari Prathibha Sreshta,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYOERABAD

(Special Original Jurisdiction)

TUESDAY, THE THIRTIETH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 40115 OF 2025

...PETITIONER

Between:

AND

Avhavari Prathibha Sreshta, W/o A.Satish Kumar (Divorced) Aged about 2-B

v6ari, Occ. Housewife, Fyo H.No.7-7-'1 41 (A3'7122)' Alankar Circle, Machili 6azar lo Alankar Road, Hanamkonda

Government of lndia,, Ministry of External Affairs Rep.by its Secretary'

Raisina Hill New Delhi.

Reqional Passport Officer, Regional Passport office, Hyderabad, D'No 8-2- 215 lo 219 Kurirmarguda, Secunderabad-500 003.

...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 inaction of the respondents in accepting the petitioner s application for issuance of passport for her minor child Ayhavari Hayakshmi' vide application No.25-1066716749 dated 25-11-2025 for want of consent of other parent or permission from the court to issue passport to the minor child is illegal, arbitrary, capricious, violation of the fundamental rights guaranteed to thy- petitioner by the constitution and violation of the principles of natural justice and consequently direct the Respondents to consider the application of the petitioner vide application No. 25-1066716749 dated 25-11-2025

by issuing the passport to the minor child 'Ayhavari Hayakshmi' without consent of other parent.

a

lA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the cin the affidavit filed in support of the petition, the High Court mzrr the Respondents to (lonsider the application of the petitione r 25-1066716749 dated 25-11-2025 by issuing the passpor "Ayhavari Hayakshm " without consent of other parent pendi writ petition.

umstances stated in

be pleased to direct

vide application No.

to the minor child

g disposal of above

Counsel for the Petitioner:SRl. DR. KADIRI KRISHNAIAH

Counsel for the Respondents No 1 & 2: SRI N . BHUJANGA tAO DEPUTY

SOLICITOR GENERAI OF INDIA

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.4O115 of 2025

30.L2.2025

Between:

Ayhavari Prathibha Sreshta

...Petitioner

AND

Government of India,

Represented by its Secretary,

Ministry of External Affairs, New Delhi & another

...Respondents

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ORDER:

Heard Dr. Kadire Krishnaiah, learned counsel for petitioner and Sri N.Bhujanga Rao, learned Deputy Solicitor Genera-l of India appearing for respondent Nos.l and 2. Perused the record.

2. When the matter is taken up for hearing, learned counsel for petitionei submitted that the issue raised in this Writ Petition is squarely covered by the order passed by this Court in W.P.No.5451 of 2025, dated 31.1O.2025 and therefore, the same a II order may be passed in this r.r,rit petition as well The operative po:tion of the said order reads as under: " 1.!. The Writ Petition is therefore, a,llor. t J dirccting rffic:ial respondents to issue Eassport lr retilioner's ir rnor grald children Abdul Raafay S_,'er ,rnd Abdul \['a:rsey.Jav.:l S-.--d, in accordance with larr '1o costs."

3. Learned Deputy Solicitor Genera-l of Ind ir for respondent Nos.1 and 2 has no objection

4. Accordingly, in terms of the order passe( ry thls Court in W.P.No.5451 of 2025, dated 31.1O-2025, and corsiderring that the petitioner has obtainecl a divorce uide H.M.O.P. \ c.7 of 2022, t!;lis rvrit petition rs a,llorn ed directing official resp: rdents to isstre passport to petitioner's minor child (Ayhavar Ha.l,akshmi), lli accordance rvith law. The petitioner has give r itn undertaking siating that stre u.iii take care of her child. No cos s PendirLg miscellanecus applications, if a rt ,. sl'rall stand Is\, \', clcsed. \ P.C.SULEKHA DEVI STANT REGISTRAR //TRUE COPY// To, \ rsecrtoru oFFICER The Secretary. Government of lndia, Ministry of E'xtern;r Affairs' Raisina Hill New Delhi. \

2. Regional Passport Officer, Regional Passport office' Hrr erabad' D'No'8-2-

- 718 o219 Kurnmarguda''secinderabad-500 003'

3. One CC to SF{l DR. KADIRI KRISHNAIAH' Advocate [ )PUC]

4. ONE CC tO SRI N' BHUJANGA RAO DEPUTY SOLICI-- )R GENERAL OF rNDIA [oPUC]

5. Two CD CoPie:s DAN a -/- \

HIGH COURT DATED:3011212025

ORDER

WP.No.40115 of 2025 ALLOWING THE WRIT PETITION 3 tglrll?q (-) \ iE STA16- /ll ) a WITHOUT COSTS T()1-1 <li:: ,,,

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