Disposed

Namireddy Karunakar Reddy v. The Ministry of External Affairs

Telangana HC11 Aug 2023WP/19868/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226 regarding delay in passport issuance, the High Court directed the Regional Passport Office to consider the application on conditions. The petitioner must file an undertaking before the trial court in a related criminal case, obtain a copy from the trial court, and submit these to the Passport Office before passport issuance.

What did the court decide?

Directed Respondent No. 5 to consider Application No. HYC064547406322 dated 01.09.2022 subject to filing an undertaking before the trial court regarding non-leave from India and cooperation with trial

Namireddy Karunakar Reddy Vs The… — Constitutional and Fundamental Rights | Telangana HC (2023)

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HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE ELEVENTH^DAY OF AUGUST TWO THOUSAND^{AND TWENTY} THREE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 19868 OF 2023

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Between:

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Namireddy Karunakar Reddy, S/o Buchi Reddy Aged 47 years, Occ. Agriculture, Fl/o H.No.2-39, [Vlolkapatnam Village, Vemulapally lvlandal, Nalgonda Diskict.

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...PETITIONER

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AND

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1 The Ministry of External Affairs, Union of lndia, New Delhi.

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The State of Telangana, Rep. by its Principal Secretary, Home Deparlment, Secretariat Departmient, Secretariat, Hyderabad.

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3 OSD (PSD) and Project Director, PSP Division, Ministry of External Affairs, Patiala House, Tilak IVarg, New Delhi-'1^'10001.

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4 The Chief Passport Officer, Joint Secretary^(PSP) and CPO, PSP Division, Ministry of External Affairs, Room No.27, Patiala House, Tilak Marg, New Delhi- 1 10001 .

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5 The Regional Passport Office, Hyderabad, D.No.8-2-215 To 219, Kummarguda, Secunderabad. Telangana-500003.

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The Public Grievance Officer, PSP Division, Ministry of External Affairs, Room No.24, Patiala House, Tilak [t/arg, New Delhi-1 10001.

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...RESPONDENTS

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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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th and 5th respondents in non-considering the application of the petitioner, and non-initiating to grant the Passport to the petitioner through vide Application No.HYC064547406322, Dt.O1-Og-2O22 is highly illegal, arbitrary, unconstitutional, unjust, violation of Principles of Natural Justice and also in violation of Articles 14, 16 and 21 of the Constitution of lhdia, apart

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from violation ot^passport Act,^{1967 and consequentlydirect the 4th and5th} respondent to consider^{the applicationof the petitioner, and to issue the Passport} to the^petitioner through^{vide ApplicationNo. HYC064547 406322, Dt.01-O9-2O22.}

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lA NO: 1 OF 2023

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Petition under Section 151 CPC^{prayingthat in the circumstancesstatedin} the affidavit filed in support^{of the petition,the High courtmaybe pleased to direct} the Respondents to^{issue passportto the Petitionerby consideringapplication of} the Petitioner vide No.HYCO64547406322,^{Dt.01-09-2022and permit him to go} usA for attending his^{daughters' convocation program conductingby Houston} University,^{pendingdisposalof the writ petition.}

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Counsel for the Petitioner:^{SRI RAPOLUBHASKAR'ADVOCATE}

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Counsel for the Respondent^{No.1, 3 to 6: SRIGADIPRAVEENKUMAR'} Dy. SOLICITOR GENERAL^{OF INDIA}

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Counsel for the Respondent^{No.2: GP FOR HOME}

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The Court made the^{following:ORDER}

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I r I I I i I I

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HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION o.19868 0F 2023

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ORDER:

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Heard learned counsel for the petitioner and learned counsel appearing on behalf of respondents

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The petitioner approached the Court seeking the prayer as follows:

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"To issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th and 5th respondents in non-considering the application of the petitioner and non-initiating to grant the Passport to the petitioner through vide Application No.HYC064547406322, Dt:01.09.2022 is highly illegal arbitrary unconstitutional unjust violation of Principles of Natural Justice and also in violation of Articles 14 16 and 21 of the Constitution of India apart from violation of Passport Act, 1967 and consequently direct the 4th and 5th respondent to consider the application of the petitioner and to issue the Passport to the petitioner through vide Application No.HYCo64547406322, Dt:17.09.2022 and pass such other order or orders as this Hon'ble Court may deem fit and^proper in the circurnstances of the case."

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It is represented by^{both learned counsel for the} petitioner and learned counsel appearing on behalf^of respondents that the^present writ^{petition is squarely covered} by the order of this Court dated^{24.04.2023passedin} W.P.No.11515 of 2023, hence, the writ^{petition could be} disposed oF interms of the order of this^Courtdated 24.04.2023^passed in W.P.No.11515 of^2023.

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Bringing the said submission of both^{learned counselon} record, the writ petition is disposed of directing^respondent No.5 to consider the aforesaid application No.HYC064547406322, dated 01.09.2022 submitted^{by the} petitioner seeking to issue passport on the following conditions without reference to the^pendency of^the proceedings in Crime No.16 of 2020 (Vemulapalli Police Station, Nalgonda District) subject to the^{following conditions:}

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i) The petitioner herein shall submit an undertaking along with an affidavit before the learned^{Judicial First Class} Magistrate at Miryalaguda in Crime No.16 ot²⁰²⁰ (Vemulapalli Police Station, Nalgonda District) stating that he shall not leave India during^pendency of the said Crime without permission of the Court and that he shall co-operate

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with trial Court in concluding the proceedings in the said Crime;

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ii) On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (02) weeks therefrom;

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iii) The petitioner herein shall submit the certified copy this order along with the aforesaid undertaking before the Passport Officer/Au thority concerned for consideration of the aforesaid application to issue passport;

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iv) On filing the said certified copies of order along with undertaking, the Passport Officer/Authority shall consider the same in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for issue of passport in accordance with law, within three (03) weeks;

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v) On issuing passport, the petitioner herein shall deposit the original passport before the trial Court in Crime No.16 of 2020 (Vemulapalli Police Station, Nalgonda District); and

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vi) However, Iiberty is granted to the petitioner herein to file an application before the learned Magistrate seeking

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permission to travel abroad, and it is for the^learned

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Magistrate to consider the same in accordance^{with law.}

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Miscellaneous petitions, if any,^pending in^{this Writ}

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Petition, shall stand closed. However, there^{shall be no order}

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as to costs.

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SD/-V.KAVI A ASSISTANT^REGIS R

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//TRUE COPY//

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SECTION OFFICER

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To, 1 The Reoional Passport^{Office,Hyde1g-bg^d.D.No'8-2-2'15TO' 219'} ' K;;*;roila,Secundbraoad Telangana-500001-

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, b;;"ce Y;6Cinnpolu^{BHASKAR' Advocat}^- Dyl.^{e [oPucl} soll'ClroR GENERAL oF 3. one cC^{to SRt cADt 6fihvL"E"Nl"(UMAC,} -Court roi g," Staie or tetansana ai Hvderabad [o?u-cl

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" ir.ibjn]Iioi, + tri"'bc;'i;Gp-Fon"n-ovrE,^{nigh dourt for-the state of Telanqanaat} Hyderabad [OUT]

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" 5. Two iii,;i;id[n"1opv CD^CoPies of order daied 24t04t2o23 in w P No l 1515^{of 2023)}

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BSR GJP

&).

HIGH COURT

DATED: 1110812023

ORDER

WP.No.19868 of 2023

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DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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Namireddy Karunakar Reddy v. The Ministry of External Affairs

Case brief

What is this about?

What did the court decide?

Namireddy Karunakar Reddy v. The Ministry of External Affairs

Case brief

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