Disposed

Syed Mukaram Uddin Quadri v. The State of Telangana

Telangana HC17 Aug 2023WP/21114/2023

Case brief

AI extract

What is this about?

High Court disposed of a writ petition filed for mandatory passport renewal by directing the Passport Officer to consider the application afresh, conditional upon the petitioner obtaining travel permission from the trial court in a pending criminal case.

What did the court decide?

Passport Officer directed to consider petitioner's application for passport renewal subject to undertaking not to leave India without trial court permission in C.C. No. 1100 of 2020.

Syed Mukaram Uddin Quadri Vs The State of Telangana — Service and Employment | Telangana HC (2023)

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

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THURSDAY, THE SEVENTEENTH 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: 21114 OF 2023

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Between:

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Syed Mukaram Uddin Quadri. S/o Syed Mukaram Uddin Aged 58 years, Occ Business R/O.9-10-8/1 Roshan Dowla,Quadri Colony Balapur. K.V.Rangareddy Telangana.

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...PETITIONER

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AND

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The State of Telangana, Represented by its Principal Secretary, Department of Home. Secretariat Buildings, Hyderabad.

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The Regional Passport Officer, D.No 5-2-215 to 218, Adjacent to Prashanth Theatre Kummarguda,Secunderabad- 500003.

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The Station House Officer, Kanchanbagh Police Station Hyderabad

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the

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circumstances stated in the affidavjt filed therewith, the High Court may be pleased to issue any order or direction writ or writs more particularly on in the nature of WRIT OF MANDAMUS declaring action of the Respondents No.2 in not issuance of passport renewal file no. HY 307 36647 7 4921 by^paying the fees. Rejection Order By Respondent No.2 Letter Ref. No. SCNi31'l 582447121 is as illegal, arbitrary and violation of^principles of natural^justice and direct the Respondent no.2 to renew and issue the^passport file no. HY3O7 366477 4921 same in the Interest of^justice and equity

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lA NO: 1 OF 2023

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Petition under Section 151 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 Respondent no.2 to renew and issue the^passport file no. HY 307 36647 7 4921 same in the interest of^justice and equity

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Counsel for the Petitioner: SRl. MD. FASIUDDIN Counsel forthe Respondent Nos. 1&3: GP FOR HOME Counsel for the Respondent No.2: SRl. GADI PRAVEEN KUMAR

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DY. SOLICITOR GEN OF INDIA

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The Court made the following: ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION No.21114 OF 2O23

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ORDER:

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Heard learned counsel for the petitioner, learned Deputy Solicitor General of India, appearing for respondent No.2 and learned Government Pleader for Home appearing on behalf of respondents 1 and 3.

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The petitioner approached the Court seeking the prayer as follows:

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"To issue any order or direction writ or writs more particularly on in the nature of WRIT OF MANDAMUS declaring action of the Respondents No.2 in not issuance of passport renewal file No.HY3073664774921 by paying the fees Rejection Letter Order By Respondent No.2 Ref.No:SCN/311582447/21 is as illegal arbitrary and violation of principles of natural justice ;:nd direct the Respondent No.2 to renew and issue the passport file No.HY307366477492L same in the interest of^justice and equity."

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It is represented by both learned counsel for the petitioner, learned Deputy Solicitor General of India, appearing for respondent No.2 and learned Government

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Pleader for Home appearing on^behalf of^{respondents1 and 3} that the subject issue in the^{presentwrit petition is squarely} covered by the order of this Court^{dated 18.04.2023passedin} W.P.No.10503 of 2023, and hence, the^{writ petition could be} disposed of in terms of the^order of^{this Courtdated} 18.04.2023^passed in W.P.No.10503^{of 2023'}

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Bringing the said submission^{of both learned counselon} record, the writ^{petition is disposedof directing respondent} No.2 herein to consider^{the application No.HY3073664774921,} dated 25.10.2021 submitted^{by the petitioner seekingto issue} passport on the following conditions:

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i) The petitioner herein^{shall submitan undertaking} al.ong with an affidavit^ifl c.c.No.l100^{of 2020, pendingon} the file sf VII Additional^{Chief MetropolitanMagistrate,} Hyderabad at Nampally,^{statingthat he shallnot leave India} during^pendency of the^{said C.C without permission of the} Court and that he shall^{co-operatewith trial Court in} concluding the^{proceedingsin the saidC.C.;}

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ii) On filing such an^{undertakingas 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 an application afresh along with certified copy of this order as well as the aforesaid undertaking before the Passport Officer/Aurthority concerned for issuance of passport;

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iv) On filing such an application, the Passport Officer/Authority shall consider the same afresh in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for issuance of passport, in accordance with law, within three (03) weeks from the date of said application;

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v) Respondent No.2 shall consider Rule 12 of the Passport Rules, 1967 while considering the al'oresaid application submitted by the petitioner.

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vi) On issuance of the passport, the petitioner herein shall deposit the same before the trial Court in C.C.No.1100 of 2020; and

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vii) However, liberty is granted to the petitioner herein to file an application before the learned Magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same in accordance with law.

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si,,

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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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//TRUE COPY//

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SD/. P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR Ge SECTION OFFICER

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To,

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The Principal^{Secretary,Departmerit of-Home. SecretariatBuildings, T.S.} Hvderabad.

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2 i#HA;;"|^{PassportOfficer, D.No} ?-?-^2J^5^tP^{218' Adiacent to Prashanth} ili""trJ(rrmargtida,^{Secunderabad-500003'} -

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iii" si"ti"ii'Hois'Joifi""i,^{ranchan ba-shpo lice StationHydera bad.} 4. i;;bE; t,; C-Cror^{Home,Hlsh court for the state of relangana'at} Hvderabad.[oUTi

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5 cji,6-cd t" Sii M6.^{Fasiuddin,Advocqte [oPUC]} 6. il; Ed io 5li di,ii^{pr;u""n i<r.ar,Oe$uty Sol'icitorGeneral of lndia IOPUCI} 7. Two CD CoPies

BM GJ

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HIGH COURT

DATED:1710812023

ORDER

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WP.No.21114 ot 2023

DISPOSING OF THE WRIT PETITION WTIHOUT COSTS.

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Syed Mukaram Uddin Quadri v. The State of Telangana

Case brief

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Syed Mukaram Uddin Quadri v. The State of Telangana

Case brief

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