The High Court of Telangana dismissed a writ petition seeking a mandamus against private individuals and Passport Officers for removing a child from local jurisdiction and impounding passports, holding the petition not maintainable.
Writ petition dismissed as not maintainable; no passport impounding or cancellation directed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO: 30155 oF 2022
Between:
Korra Veerander Naik, S/o. Korra Home Singh, Aged about 37 years, Occ. !,,!1,R/o,H.No.6-31/10,Plot No.129,Sri Sai Aishwarya Residents Cbbny, Medipally, Parvathpur, Medchal District - 500 098
...PETITIONER
AND
...RESPONDENTS
Petition under Articre 226 0r the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an order or direction more particurarry in the nature of writ of mandamus decraring the action of the Respondent No..r who is petitioners wife and Manish Kumar Bofiaram, who is Respondent No.3 in removing petitioners son, the 2nd Respondent and arso petitioners wife from the rocar jurisdiction of the
t-l
lA NO: 1 OF 2022
Petition under Sectron 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondent No.5 to take steps to impound the Passport issued to the 1st Respondent and 2nd Respondents immediatelypending disposal of the above writ petition.
lA NO: 1 OF 2023
Petition under Section 151 CPCpraying that in the circumstancesstatedin the affidavit filed in support of thepetition, the HighCourt may be pleasedto issue J an interim order directing the 4th and Sth respondents tocancel/ suspend the passports of the 1st and 2nd respondents, whose passport numbers are available andprovided in the writpetition and also direct the7th respondent i.e., Commissioner of Police to take action against' the1st respondentfor illegally removing the 2nd respondent fromthe jurisdiction of lndia.
Counsel for thePetitioner:SRI P.BHASKAR Counsel fortheRespondent Nos.1 TO 3 & 11: SRIS'RAMREDDY Counsel fortheRespondentNos.4 & 5: SRIGADI PRAVEENKUMAR' Dv' SOLICITORGENERAL OF INDIA Counselfor the Respondent Nos'7 TO 10: GP FOR HOME Counsel forthe ResPondentNo'6: --
The Courtmade the following:ORDER
THE HON'BLE SRI WSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.3O155 of 20.22 ORDER:
Heard learned counsel for the petitioner and learned counsel for the respondents.
2
of the passport of respondent Nos.1 and 2 also cannotbe granted by this Court. However, consideringthe requestof Iearned counsel for thepL-titioner, thematter was adjourned to 08.06.2023 while directing the matterto be listed under the caption 'for orders'. Whenthe matterwas listedon Oa.06.2023, Sri BhaskarPoluri, iearrted counsel for the petitioner requested timc till today.Today when the matteris taken up for consideration,the petitionerherein appeared in-person and representedthat he intends to engage another counsel ald sought15 dal's time.
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order as to costs.
Miscellaneous applications, ifany pending, shall also
stand closed.
SD/.N. SRIHARI
ASSISTANT-NEGISTRAR //TRUE coPY/, .ecrrCt#or'cen
To
+. Hvderabad. ijil"bti,ishl6lor [OUT]PRAVEEN KUMAR,Dv SoLlclroR GENERAL oF INDIA [oPUC]
PSK.N GJprtt/-,.1,
HIGH COURT
DATED:0910612023
ORDER
WP.No.30155 of 2022
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DISMISSING THEWRIT PETITION WITHOUT COSTS.
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3 issues framed by the court
Whether writ of mandamus can be issued against private individuals for removing a child from local jurisdiction without court permission.
Whether passports of the child and his mother can be impounded to prevent removal from the jurisdiction of the High Court.
Whether the writ petition against the removal of a child from local jurisdiction is maintainable.
2 provisions across 2 enactments
Korra Veerander Naik
Dheeravath Neha
Dheeravath Kishan Nachiketh Naik
Manish Kumar Bollaram
Republic of India
Passport Officer, Hyderabad
Mummineni Sudheer Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
