Mr. Peddolla Ganga Reddy v. Union Of India
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[ 340s ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITION NO: 36792 0F 2024 Between:
Peddolla Ganga Reddy, _S/o: Galga Reddy, Aged 58 years, Agriculture, H.No - 3-36/2, Erajpalle, Bodhan, Niiamadad, Telangana _ Mr.
Occ:
...PETITIONER AND Union of lndia, Ministry of External Affairs, rep by its Secretary ?agsp.ort Officer, Regional Passport Office, Hyderabad D. No. F'-2-215To 21 9, Kummariguda, Secunderabad ...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 2nd Respondent in not considering the passport application vide application number HY4067131152524 dated 19.11.2024 towards issuance of new passport by issuing a notice vide letter ref.no oBJl32o2s4961l24 dated 13.12.2024 is illegal, arbitrary, violation of principles of natural justice and violation of Article 21 of lndian constitution and consequenfly direct to the 2nd Respondent to issue new passport considering the passport application vide application number HY40671 31 1 52524 dated 1 9.1 1.2024.
lA NO: 1 OF 2024 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to consider passport application vide application number HY 4067 1 31 1 52524 daled 19.1 1.2024. Counsel for the Petitioner: SRI P. ANWESH REDDY Counsel for the Respondents: MS. N.V. R. RAJYA LAKSHMI, REPRESENTING SRI GADI PRAVEEN KUMAR Dy. SOLICITOR GEN. OF INDIA The Court made the following: ORDER
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITION No.35792 OF 2o24 Mr. P. Anwesh Reddy, learned counsel for the petitioner. Ms.N.V.R.Rajya Lakshmi, learned counsel representing Mr.Gadi Praveen Kumar, Deputy Solicitor General of India, for respondent Nos.1 and 2. ORDER:
The present writ petition has been filed by the petitioner challenging the action of the respondent No.2-Regional Passport Officer in not issuing a fresh passport and for a direction on the respondent No.2 to process the petitioner's application for issuing a fresh passport.
2.
'lhe respondent authorities are represented.
3.
After hearing iearned counsel appearing lor the petitioner as well as the respondents, it appears that the issue was considered by two Co-ordinate Benches in W.P.Nos.B697 of 2023 and 22218 ol 2024. Both the learned Single Judges referred to the judgment of the Hon'ble Supreme Court in Vangala Kastui Rangacharyulu u. Central Bureau of Inuestigation.l and came to the finding that mere pendency of criminai case cannot be a ground to decline the renewal of passport. The petitioner before the Court is also willing to cooperate with the pending proceedings. This Court also hnds factua,l similarities between the present case and Vangala Kastui ' zozo crt.r.t.1sc1 szz
) Rangacharyulu (supral where the Honble Supreme Court held that the Passport Authority cannot refuse the renewal of passport on the ground of pendency of criminal proceedings and accordingly directed the Passport Authority to renew the passport of the petitioners without raising objection relating to pendency of criminal proceedings.
4.
This Court is accordingly of the view that ttre Writ petition can be disposed of by directing the respondent No.2 to take steps for issuance of fresh passport to the petitioner in due compliance of the findings of the Hon'ble Supreme Court in Vangala Kasturi Rangacharyulu's case (supra). The petitioner shall however comply with the follorving conditions:
(i) The petitioner shall submit an undertaking along with an afhdavit before the learned Judicial II Class Magistrate at Bodhan in S.T.C.No.7755 of 2024 statiry that the petitioner will not leave India during pend6ncy of the said case without permission of the Court and that the petitioner will cooperate with the Trial Court in concluding the criminal proceedings.
(ii) The Trial Court shall issue a certified copy of the undertaling and afhdavit u,ithin 2 weeks from the date of filing of the undertaking.
(iii) The petitioner sha1l submit the certified copy of the aforesaid undertaking before the concerned Passport Officer for consideration of his application for issualce of fresh passport. (iv) The Passport Authority shall consider the documents in the light of the observations made by the Court as well as the undertaking and other documents filed by the petitioner. The petitioner shall also be at libert5r to rely on the decisions in this regard.
(v) The petitioner shail be at liberty to file an application before the learned Judicial II Class Magistrate at Bodhan seeking permission to travel outside India. The learned Judicial II Class Magistrate at Bodhal shall consider the same in accordance with law. 5.
W.P.No.36792 of 2024 is disposed of in terms of the above. Interim orders, if any, shall stand vacated and a1l connected applications are disposed of. There sha1l be no order as to costs. SD/- K.SREERAMA MURTHY ASSISTAN REGISTRAR //TRUE COPY'
SE N OFFICER To,
1. Union of lndia. [r,4inistry of External Affairs
2. Passport Officer. Regional Passport Office, Hyderabad D. No. 8-2-215 To 219, Kummariguda, Secunderabad
3. One CC to Sri P. Anwesh Reddy, Advocate [OpUC]
4. One CC to Sri Gadi Praveen Kumar Dy. Solicitor gen'. Of lndia tOpUCl
5. Two CD Copies TJ GJP WP
HIGH COURT DATED:31 11212024 l .,i HE, S i (\ o
ORDER
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() 0 7 ,l/.[ .L \ WP.No.36792 of 2024 {> c r,l DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ b $