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Ganesh Kondapalli, Vs The Union of India — Writ and Judicial Review | Telangana HC (2024)

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Telangana HC
2024
Ganesh Kondapalli, Vs The Union of IndiaGanesh Kondapalli, v. The Union of India

Disposed

Ganesh Kondapalli, v. The Union of India

Telangana HC27 Nov 2024WP/33202/2024

Case brief

AI extract

What is this about?

null

What the court decided

AI extract

A

[^{340s 1}

HIGH COURT FOR THE^{STATE OF TELANGANA} AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE^{TWENTY SEVENTH DAYOF NOVEMBER} TWO THOUSAND^{AND TWENTY FOUR}

PRESENT

THE HONOURABLE^{JUSTICEMOUSHUMIBHATTACHARYA}

WRIT PE^{TITIONNO:332020F 2024}

Between:

Ganesh Kondapalli,^{S/o.Koteswara Rao Kondapalli,Aged 42 years' .Occ} erii""j.,^- Flouse^' ruo.^{s:'i:is,- btcti*.} -Basini,^{Yellandhu' Bhadradri} kotnaguOem District,^{Telangana. PIN 507 123'} ...'ET'T'ONER

...'ET'T'ONER

AND

The Union of^{lndia, Rep. by its Joint Secretary (PSP) and ChieJ P-aq9qort} ' oti""i, FsF oiritibn,-r[rin-i6try otE-xternal Affiirs, Room No 27' Patiala House, Tilak Marg,^{New Delhi-10001'}

Statutes considered

2 provisions across 2 enactments

AI extract

Passport Act 196710(3)(b) and 10(3)(e)
Constitution of India226

Parties & counsel

AI extract

petitioner
Ganesh Kondapalli
respondent
Union of India
respondent
Regional Passport Officer Hyderabad

Coram

AI extract

Case details

As recorded by the court registry

Court: Telangana HC
Decided on: 27 Nov 2024 · November
Registered: 25 Nov 2024
Case no.: WP/33202/2024

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Cite this judgement

Ganesh Kondapalli, v. The Union of India, WP/33202/2024 (TEL), decided on 27 November 2024.

The High Court for the State of Telangana publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Passport Act 196710(3)(b) and 10(3)(e)
Constitution of India226

View all statutes

Bench / Coram

Moushumi Bhattacharya

Parties & counsel

Outcome

Disposed

Detailed headnote1 paragraphs

null

A compact analysis

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.

Z fne n"sionit i;;ipilbfftdr,^{negonatPassport Office Hyderabad, DoorNo} - a-i-ziito il9, Kummarguda, Secunderabad-S00 003

...RES'.NDENTS

Petition under^{Article226 ot lhe constitution of lndia praying that in the} circumstances stated^{in the affidavit filedtherewith, the High courtmaybe} pleasedtoissueaWrit'orderorDirection,moreparticularlyoneinnatureofWrit ofMandamus,declaringtheactionofthe2ndRespondentinissuanceoftheorder daled 07.11.2024,^{invokingSections1O(3) (b) and (e) of The Passport Act 1967'} directing the^{Petitioner to sunender the Passport bearing No' C1751398'dated} 13.08.2024, on the^{ground that the Petitionerhad suppressed the material} informationaboutpendingCriminalproceedings,withoutproperlyconsideringthe explanationofthePetitioner,dated02ll'2124,inresponsetotheshowcause notice,datedo4.'lo.2024andfurtheronthegroundthatthecriminalproceedings are^{pending againstthe Petitioner,as arbitrary, highhandedand illegal' apartfrom} being violative^{of fundamental rights of the Petitioner under Articles14, 19 and 21} oftheConstitutionoflndia,byholdingthattheorderofthe2ndRespondent'dated 07.11.2024 is^{void ab initio, null and voiQ and nonest in the eye of law'by} permittingthePetitionertodepositthePassportbearingNo.C,lT5l398,dated 13.08.2024, before^{the Hon',ble court of the Judicial Magistrateof First class'}

Yellandhu, Bhadradri Kothagudem^{Districtin pending c.c.No. 369/2024 and to} travel abroad when warranted^{and necessary,with the requisite permissionof the} Hon'ble court of the Judicial^{Magistrate of First class, Yellandhu,Bhadradri} Kothagudem District, during^{pendencyof the Criminal Cases.}

lA NO: 1 OF 2024

Petition under Section 151 CPC^{praying thatin the circumstances stated in} the affidavit filed in support^{of the petition,the High court may be pleasedto} suspend the operation of the^{impugnedorder of the 2nd Respondent,dated} 07.11.2024,^pending disposal^{of the writ petition.}

Counsel for the Petitioner:^{SRI GOURARAM RAJASHEKARREDDY} Counsel for the Respondents:^{SRI DADI RADHA KRISHNA}

The Court made the following: ORDER

-3

/

HON'BLE JUSTICE MOUSHUMI BHATTACHARYA

WRIT PETITION No.332O2 of 2o24

Counsel for the p€titioner : Sri G.Rajasekhar Reddy. Counsel for the respondents : Sri Dadi Radha Krishna.

ORDER:

The writ petition has been filed aggrieved by an order dated 07.11.2024 passed by the respondent No.2/Regional Passport OfIicer, Hyderabad directing the petitioner to surrender his passport within 15 days.

The petitioner was earlier issued a Show Cause Notice dated O4.10.2O24 alleging that the petitioner has suppressed relevant information in his passport application. The petitioner replied to this Show Cause Notice on 02.11.2024. The impugned order was issued thereafter.

The only relief prayed for by the petitioner is that the petitioner be permitted to deposit his passport before the Judicial Magr strate of First Class, Yellandhu, Bhadradri Khothagudem District which is the jurisdictional Court in the present case and also of the criminal case filed against the petitioner.

2

E

This Court has passed orders on substantially similar facts in several other writ petitions including in W.p.No.3O305 of 2024 wherein the petitioner had complained of the failure of the passport authorit5r to issue a fresh passport in favour of tl_re petitioner.

Considering the order passed in W.p.No.3O 3OS of 2024 and the submissions made on behalf of the parties, this Court deems it appropriate to dispose of the present writ petition with ttre following directions:

I The petitioner shall surrender his passport before the Judicial Magistrate of First Class, yellandhu, ,L A Bhadradri Xhothd[udem Djst{cr 11. The petitioner shall also "rb*li'"r, undertaking, along with an allidavit in C.C.No.369 of 2024 on the file of Judicial Magistrate of First Class, yellandhu, Bhadradri Khothagudem District stating that he will not leave India during pendency of the said case without permission of the Court and that he will cooperate with the Trial Court in concluding the proceedings in the said case.

Y

On filing of such an undertaking as well as affrdavit, the Trial Court shall issue a ceftified copy of the same to the petitioner within a period of two (02) weeks therefrom.

1V. Liberty is granted to the petitioner to frle an application before the Trial Court seeking permission to travel abroad and it is for the Trial Court to consider the same in accordance with law.

W.P.No.332O2 of 2024, alo.rg with all connected

applications, is accordingly disposed of the above. There shall

be no order as to costs.

SD/. S.MALLIKARJNA RAO ASSISTANT REGISTRAR

//TRUE COPY//

To

SECTION OFFICER

I

The Judicial Magistrate of First Class, Yellandhu, Bhadradri Khothagudem District.

2 The Joint Secretary (PSP) and Chief Passport Officer, Union of lndia, PSP Division, Ministry of External Affairs, Room No. 27, Patiala House, Tilak Marg, New Delhi-'|0 001 .

The Regional Passport Officer, Regional Passport Office Hyderabad, Door No 8-2-215 to 219, Kummarguda, &cunderabad-sOO 003.

One CC to SRI GOURARAM RAJASHEKAR REDDY, Advocate [OPUC] 5. One CC to SRI DADI RADHA KRISHNA, Advocate [OPUC] 6. Two CD Copies

PSK.

@)

CC TODAY

HIGH COURT

DATED:2711112024

ORDER

WP.No.33202 oI 2024

STAT€
q ts Ns\ ltu
o

D f ?j

DISPOSING OF THE WRIT PETITION WTHOUT COSTS.

Moushumi Bhattacharya

CNR

HBHC010642452024

Topic

Writ and Judicial Review

Bench

Moushumi Bhattacharya

Disposal

DISPOSED OF NO COSTS

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