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Mahaboob Subhani Shaik v. the Regional Passport Officer

Passport – Reissuance under Tatkal

Andhra Pradesh HC15 Apr 2026WP/31317/2025

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Case brief

AI extract

What is this about?

Passport reissuance Tatkal; adverse police verification report; non-disclosure of pending criminal case; show cause notice No.SCN/1050987272/25 dated 17.10.2025; maintainability of writ petition against show cause notice; surrender of passport; Section 498(A) I.P.C; Section 3 & 4 Dowry Prohibition Act; Crime No.26/2024; C.C.No.1418 of 2024; Articles 14, 19, 21 Constitution of India; writ of mandamus; Justice Battu Devanand; decided 16.04.2026.

What did the court decide?

Writ Petition disposed of with the above directions (surrender of passport to respondent No.1 and fresh application to be considered afresh in accordance with law); no order as to costs; pending Miscellaneous Petitions, if any, stand closed. ¶19

Mahaboob Subhani Shaik Vs the Regional Passport… — Dowry and Cruelty | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the show cause notice No.SCN/1050987272/25 dated 17.10.2025 issued by respondent No.1 was illegal, arbitrary and violative of Articles 14, 19, 21 of the Constitution of India, warranting quashing by way of a writ of mandamus. +1 more

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Court's answer

It is an admitted fact that at the time of submitting the application for re-issuance of the passport on 13.10.2025, the petitioner did not disclose the pendency of the criminal case against him; respondent No.1 learnt of it through police verification and immediately issued the show cause notice calling for his explanation.

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Ratio / Principle

Against a show cause notice, the petitioner is not supposed to approach this Court by filing a writ petition; even after submitting his explanation to the show cause notice, he has to wait for the decision of respondent No.1.

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Key takeaways

Since the criminal case C.C.No.1418 of 2024 is pending for trial, the petitioner must surrender the passport to respondent No.1 at the first instance and thereafter make a fresh application to respondent No.1.ratio¶18
Upon receipt of the petitioner's fresh application, respondent No.1 shall consider the application for re-issuance of the passport afresh, in accordance with law.ratio¶18

Detailed headnote1 paragraphs

Passport — Reissuance under Tatkal — Adverse police verification report disclosing pending criminal case (Crime No.26/2024 under Section 498(A) I.P.C and Section 3 & 4 of the Dowry Prohibition Act, Mahila Police Station, Guntur District; numbered as C.C.No.1418 of 2024, pending before VI Additional Junior Civil Judge, Guntur) — Show cause notice No.SCN/1050987272/25 dated 17.10.2025 questioning non-disclosure of the criminal case in the reissuance application — Held, a writ petition is not the remedy against a show cause notice; even after submitting explanation, the petitioner must await the authority's decision — Directions: petitioner to surrender the passport to respondent No.1 at the first instance and apply afresh; respondent No.1 to consider the fresh application for reissuance afresh in accordance with law — Writ Petition disposed of; no costs; pending Miscellaneous Petitions closed.

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THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.31317 of 2025

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ORDER:-

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This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondent No.1 in issuing the impugned show cause notice No.SCN/1050987272/25, dated 17.10.2025, as illegal, arbitrary and in violation of Articles 14, 19, 21 of the Constitution of India and for a consequential direction to set aside the same.

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Learned counsel for the petitioner submits that the petitioner was issued Passport bearing No.N7851768 on 18.04.2016, which is valid up to 17.04.2026. On 13.10.2025, he made application for reissuance of the Passport under Tatkal. On 14.10.2025, the respondent No.1 issued a fresh Passport bearing No.AH766265 to the petitioner. On 17.10.2025, the respondent No.1 issued a show cause notice mentioning about an adverse police verification report and the petitioner was called upon to provide a suitable explanation and submit a fresh application with correct details. The petitioner furnished proper explanation with material information. The reason for issuing the show cause notice is that the involvement of the petitioner in a criminal case in Crime No.26/2024, registered under Section 498(A) I.P.C and Section 3 & 4 of the Dowry Prohibition Act of Mahila Police Station, Guntur District and the said case is numbered as C.C.No.1418 of 2024

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on the file of the VI Additional Junior Civil Judge, Guntur. The same is pending for trial.

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Aggrieved by the said notice, the petitioner approached this Court by filing this Writ Petition.

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On the other hand, Mr.J.Bhaskar Rao, learned Senior Standing Counsel for the Central Government, on instructions, would submit that at the time of submission of application for re-issuance of the Passport, the petitioner did not reveal the fact that he is involved in a criminal case and it is pending for trial before the competent court of law. On verification of the police report, the respondent No.1 came to know about the criminal case pending against the petitioner and accordingly, a show cause notice was issued to the petitioner. The petitioner submitted his explanation also. As such, the learned Senior Standing Counsel submits that against the show cause notice issued by the respondent No.1, the petitioner is not entitled to file this Writ Petition even after submitting the explanation to the said show cause notice.

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Learned Senior Standing Counsel further submits that the petitioner is required to surrender the Passport issued in his favour to Respondent No.1 in the first instance. Thereafter, the petitioner may approach Respondent No.1 seeking permission to make a fresh

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application for issuance of a passport, along with necessary orders obtained from a competent court of law permitting such issuance.

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Having considered the submissions of the learned counsel for

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the petitioner and the respondent No.1 and on careful perusal of the material available on record, it is an admitted fact that at the time of submitting application for re-issuance of the Passport on 13.10.2025, the petitioner did not mention about the pendency of the criminal case against him. After police verification, the respondent No.1 came to know about the criminal case pending against the petitioner and immediately issued a show cause notice to the petitioner calling for his explanation for not disclosing the particulars of the criminal case at the time of making the application for re-issuance of the passport. However, the said fact is also admitted by the learned counsel for the petitioner.

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As rightly pointed out by the learned Senior Standing Counsel for the Central Government that against the show cause notice, the petitioner is not supposed to approach this Court by filing this Writ Petition. Even after submitting his explanation to the show cause notice, he has to wait for the decision of the respondent No.1.

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Learned counsel for the petitioner contends that after submission

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of the explanation, there is no response from the respondent No.1 and due to which reason, the petitioner approached this Court.

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Be that as it may, now the criminal case is pending for trial before the competent court of law in C.C.No.1418 of 2024. In view of the same, the petitioner has to surrender the passport to the respondent No.1 at the first instance and thereafter, he can make application afresh to the respondent No.1. Upon receipt of such application, the respondent No.1 shall consider the application of the petitioner for re-issuance of the passport afresh, in accordance with law.

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