Dismissed

Mohammed Sameeruddin v. The State of Telangana

Telangana HC15 Jun 2023WP/28159/2022

Case brief

AI extract

What is this about?

The petitioners sought a writ of mandamus declaring the refusal to issue a passport illegal and arbitrary. The court held that dismissing a specific rejection order dated 14.04.2022 was mandatory. Consequently, the writ petition was dismissed with liberty to challenge the rejection order.

What did the court decide?

The writ petition was dismissed. Liberty was granted to the petitioner to challenge the rejection order dated 14.04.2022.

Mohammed Sameeruddin Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2023)

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[³²⁵⁶ ]

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HIGH COURT FOR THESTATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO: 28159 OF 2022

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Between:

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Mohammed Sameeruddin, S/o. Md. Naseeruddin, Aged 22^years, Occ: student Resident of H.No.10-4-520, Subash Nagar, Karimnagar City District, 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 bf Home. Secretariat Buildings, Hyderabad.

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The Director General of Police, Telangana State^police Head Quarters, Saifabad, Lakdikapul, Hyderabad.

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The Regional Passport Officer, d.no 5-2-215 to 218, Adlacent to Prashanth Theatre Kummarguda,Secunderabad- 500003.

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The Bureau of lmmigration, Ministry of Home and Affairs, Govt of India, New Delhi.

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The Commissioner of Police, Cyberabad.

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The Commissioner of Police, Karimnagar Commissionarate

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia^praying that in the circumstances stated in the affidavit 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.1 and⁶ in not issuance of passport for the application by the^petitioner for the issuance of passport on 1110912020 to issue the fresh^passport by^paying the amount Rs. 1500 on 12lOgl2O2O at 6 : 49 pm by transaction lD CPAAHJZDWS with appointment details passport seva karimanagar Kendra and^{appointment id} 100015090715420 with schedule appointment date and lime 1410912020 and 03^:

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30 pm reporting date lt10912020 and 03: 15 pm batcl 26 anr. sequence 3 the letter bearing no. HYt .:0POL.PlC.61 1.22 is as illegal, arbitr,lrr arrd violation of principles of natlrra jr stice and set aside the same in tre int,;rr:st of justice and equity.

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lA NO: 1 OF 2022

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Petition under ,ection 151 CPC praying that in the circr.mstances stated in the affidavit filed in support of the petition, the High 3ourt nray :e pleased to direct the responden :; 1 to 6 to consider the applicetion tc respondent no.3 dated 1 1l09l2Oi!.O to i:;sue the fresh passport and repre:,errtation given by petitioner to responde nt no.6 dated 2410912021 and co.rduct a fre sh enquiry by the Respondents No.' and 6 for issuance of passport arrd NOi perrding disposal of the above writ petiti rr.

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Counsel for the Petiti rner: SRl. MD FASIUDDIN

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Counsgl for the Resp >ndent Nos. 1, 2, S & 6: Gp FOR HOME

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Counsel for the Resp :,ndent Nos. 3 & 4: SRI GADI PRAVEEN K UMAR, DEPUTY SOLICITOR GEhIETIAL OF INDIA

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The Court made the f, rllcwing: ORDER

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¶28

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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UIRIT PETITION No.28159 OF 2o.22

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ORDER:

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This Writ Petition is filed seeking a Writ of Mandamus to declare the action of Respondent Nos.1 and 6 in not issuing Passport to the petitioner in response to the application submitted by the petitioner with appointment Id No.100O15O9O715420, as illegal and arbitrary.

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Along with the Writ Petition, the petitioner also filed copy of order, dated 1LO4.2O22, passed by respondent No.3, wherein the request of the petitioner for issuance of Passport rvas rejected.

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' Flowever, the prcsent Writ Petition is filed without challenging the said order, dated | | .O4 .2022. In the considered view of this Court, until and unlcss the petitioner chailenges the said rejection order, the question of considcling the case of the petitioner for issuance of Passport or further considering the said application, does not arise.

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[n the circurnstances, the Writ Petition is dismissed rvith a Iiberty to the petitioner to challenge the said rejection order, dated 11.O4.2022, in accordance with law.

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As a sequel, miscellaneous petitions, pending if any in this Writ

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Petition, shall stand dismissed. No costs.

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ASSI*iR'iliSLFilf; ,,TRUE^COPY" SECTffiOFFICER

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\ To, 1.c Li{::1:qi{["s"fi&;I*"'$ir'in3rd?ulr 3 4 l$gE'd:?..e'#llF":ilf"ffi T J SW

HIGH COURT

DATED:1 5106t2023

ORDER

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WP.No.28159 of 2022

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DISMISS!NG HE WRIT PETITION

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WITHOUT CC STS. U)^..< ('a)c"po,-s il\Dq''rl\n\t h

Mohammed Sameeruddin v. The State of Telangana

Case brief

What is this about?

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Mohammed Sameeruddin v. The State of Telangana

Case brief

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