Allowed

Ms. AksharaNagam, v. Union of India

Telangana HC28 Nov 2024WP/31201/2024

Case brief

AI extract

What is this about?

This order passed by the Telangana High Court directed Passport Authorities to reissue a passport for a minor petitioner whose application was rejected due to lack of consent from the other parent. The court accepted an affidavit proving exclusive custody and ordered the reissue within four weeks.

What did the court decide?

The Respondent Authorities were directed to reissue the passport of Petitioner No. 1 within four weeks of the order date.

Ms. AksharaNagam, Vs Union of India — Pension and Retirement Benefits | Telangana HC (2024)

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[³⁴⁰⁵ ]

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

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THURSDAY, THE TWENTY EIGHTH DAY OF^NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE JUSTICE MOUSHUMI^BHATTACHARYA

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WRIT PETITION NO: 31201 OF 2024

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Between:

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Ms. AksharaNagam, D/o. KrishnaveniNagam @^{KrishnaveniValavala,Age. 14} Years, Occ. Student,

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Smt. KrishnaveniNagam @ KrishnaveniValavala,,^{D/o. Siva Prasad Valavala,} Age. 42 Years, Occ. Advocate,

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(Petitioner No.1 being minor being Rep. by her mother and^{natural guardian} Petitioner No.2)

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Both are residents of. H.No.1 1-6-605, Nampally,^{Hyderabad, Telangana-S00} 001

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..,..PETITIONERS

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AND

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Unlon of lndia, Rep by its Principal Secretary,^{Ministry of Extemal Affairs} South Block, New Delhi, lndia.

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The Chief Passport Officer, Joint Secretary^{PSP and CPO, PSP Division} Ministry of External Affairs, Room No 27,^{Patiala House, Tilak Marg, New} Delhi-'l 10001,lndia.

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The Regional Passport Officer,^{Repby its Regional Passqort Officer, Office} at. D. No. 8-2-215 to 219, Kummarguda,^{Secunderabad,Telangana}

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The Assistant Passport Officer, Legal Section,^{2nd Floor,Regional Passport} Office, Telangana Hyderabad, Office at.^{D. No. 8-2-2'15to 2'19' Kummarguda,} Secunderabad.

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The Asst. Commissioner of Police,^{Special Branch, Hyderabad Passport} Verification Cell, Hyderabad, Telangana State.

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Harish Nagam, S/o. Late N.V.R.^{Rao,Age.45 Years, Occ. Liasioner,Ftio. Plot} No. 213, llA JDA Scheme, EktaVihar,^{Prem Nagar, Jabalpur, Madhya} Pradesh - 482002

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.....RESPONDENTS

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Petition Under Article 226 of the^{Constitution of lndia prayingthat in the} circumstances stated in the^{affidavitfiled therewith, the High Court may be}

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pleased to issue an appropriate writ order or direction more particrirarry one in the nature of writ of lvlarrdamus declaring the action of the Respondent No6.3, 4 ana 5 in not reissuing and keeping on hord passport of the petitionr:r no.1 through Passport Application ARN. 24-1011958'l 15, vide No. Hy2o77o31\76s524, dated 17-10-2024, and issuance of rejection Letler Ref. No oBJ/319850729/24, dated 2B-10-2024, as illegar, arbitrary, unconstitutional and violation of ,Articles 14, 15, and 21 of constitutiorr of lndia and also violation of principles of Natural Justice. and in utter contrave.tion of the passport Rules,^.l gg0, Schedule lll, column i 6. (b) and consequentl\1 direct the Respondent Nos.3,4 and 5 to reissue the passport of the Petitioner No. 1 through Application ARN.24-1011958115, vide No. HY207703376552 4, dated 1 7 -1 O -2024.

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|.A.NO:2 OF 2024

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Petition Under riection 151 cpc praying that in the circumsternces stated in the affidavit filed in support of the petition, the High court may be preased to receive documents:^'r. copies of order in r.A. No: sgr2o21 in o.p. No: Bz}tzo,l7, on the file of the Hon'bre Judge, r Additionar Famiry court-cum-.{v Additionar Metropolitan sessions court : Hyderabad, dated 16-03-2021 .2. cotrty of orders in I.A. No: 1231/2018 in o.p. No: B2Br2o17, on the fire of the Hon,bre Judge, r Additional Famiry court-cum-Xrv Additionar Metroporitan sessions court : Hyderabad, dated 08-()4-2019. 3. copy of wedding rnvitation carci of Rerative,s going to take place in I isbon, portugal.

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counsel for the Petitioners : SRr ZEESHAN ADNAN MAHMOOD, ADVOGATE FOR SRI JAKKAMSETTI RAVTNDRA

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99y!^":]1".^{the RespondentNos.1 to 5 : SRI cADt PRAVEEN} KUMAR, DEpUTy SOLIC]TOR GENERAL OF INDIA

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Counsel forthe Respondent No.6 : --

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The Court made the following ORDER

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I t

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t t

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HON'BLE WSTICT MOUSHUMI BHATTACHARYA

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WRIT PETITIOI{ I{o.31 2O1of2O24

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Sri Zeeshan Adnan^Mahmood, learned counsel^{representing the petitioners.} Ms.NVR Rajya^{Lakshmi, learned} counsel^{representingSri Gadi Praveen} Kumar, learned^{Deputy SolicitorGeneral of India appearing for the} respondent Nos.1-4.

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ORDER:

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The petitioner No.2 appears in^person.

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Sri Zeeshan Adnan Mahmood, learned^{counsel,has kindly} agreed to assist^the Petitioners

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The pelitioners have^{produced Annexure C' which is part of The} Passport Rules,^{198O. The Annexure'C'contains a statementthat the} petitioner No.2 has exclusive^{custody of the minor child (petitioner} No. 1) and there is al^{on-goingcasefrled by the petitioner against the} respondent No.6^(the husband^{of the petitionerNo.2).}

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4 I have heard learned counsel appearing^{for the parties.}

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Counsel appearing for the respondent^{Nos. 1-4/Passport} Authorities submits that^{the application hled by the petilionerNo.2 for} re-issuance of^passport of the^{minor child (petitionerNo.l) will be} considered by the respondent^{authorities in accordance with The} Passport Act, 1967,^{The PassportRules, 198O and also in terms of} Annexure'C'.

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It may be recorded that the private respondent No.6, husband of the petitioner Nc.2 failed to give consent for the passport application of the minor child (petitioner No. 1) and the petitioner No.2 hence hled the Annexure'C'in terms of The passport Rules, 19g0.

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7 . W.P.No.3 l.2tO I of 2024 is accordingly disposed of in tr:rms of the fair stand taken by the respondent Nos.2-4. The responde.nt Nos.2_4 shall take steps ior re-issuing the passport of the petitior;.er No.l in terms of the documents submitted by the petitioners and in accordance with law within a period of 4 weeks from 3).r7.2o24. Needless to say, the respondent authorities shall be bound by the law as it stands today.

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Miscellaneous applications pending, if any, shall stand closed.

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There shall be no :rder as to costs.

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SD/- K.SREERAMA MURTHY ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

The Principal Secretary, Union of lndia, I\Iinistry of External Affairs South Block, New Delh , lndia.

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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 , lndia.

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The Regional Passpo( Officer, Office at. D. No. 8-2-2151o 219, Kummarguda, Secunderabad, Telangana.

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The Assistant Passport Officer, Legal Section, 2nd Floor, Regional Passport Office, Telangana Hyderabad, Office at. D. No. 8-2-215 to 219, Kummarguda, Secunderabad.

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The Asst. Commrssioner of Police, Special Branch, Hyderabad l]assport Verification Cell, Hyderabad, Telangana State.

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One CC to SRI JAKKAIUSETTI RAVINDRA, Advocate [OPUC]

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One CC to SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA Advocate IOPUCI

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B. Two CD Copies

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HIGH COURT

DATED:2811112024

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ORDER

WP.No.31201 of 2024

DISPOSING OF THE W.P

WITHOUT COSTS.

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Ms. AksharaNagam, v. Union of India

Case brief

What is this about?

What did the court decide?

Ms. AksharaNagam, v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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