Allowed

Bhoopathi Reddy Rondla v. The Union of India

Telangana HC19 Dec 2024WP/35531/2024

Case brief

AI extract

What is this about?

The High Court directed the Regional Passport Officer to renew the petitioners' passports despite their pending criminal case, applying the Supreme Court's judgment in Vangala Kasturi Rangacharyulu. The court held that mere pendency is not a valid ground for denial and imposed conditions on travel and cooperation.

What did the court decide?

Directed the Regional Passport Officer to consider the petitioners' application in light of the Supreme Court judgment in Vangala Kasturi Rangacharyulu and issue passports after submission of conditio

Bhoopathi Reddy Rondla Vs The Union… — Constitutional and Fundamental Rights | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF^{TELANGANA AT HYDERABAD} (Special Original Jurisdiction)

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THURSDAY, THE NINETEENTH DAY OF DECEMBER 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: 35531 OF 2024

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Between:

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Bhoopathi Reddy Rondla, S/o. Bal Reddy Age. about 66yrs, Occ agriculture R/o. H No.9-55, Gudem , Vadlur Begumpet, Bejjanki , Siddipet District.

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Sujatha Rondla, Wo Bhoopathi Reddy Rondla Age. about 64yrs, Occ House wife Rl/o. H No.9-55, Gudem , Vadlur Begumpet, Bejjanki , Siddipet District.

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,..PETITIONERS

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AND

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The Union of India, Represented by its Principal Secretary Ministry of External Affairs, South Block, Secretariat , Raisina Hill New Delhi lndia.

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fhe Regional Passport Officer, O/o, the Regional Passport Office, D.No.B221 5 to 219 kummurguda

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent No.2 in not re-issuing / Renewing petitioners^passport bearing No. L1283469 vide File No. HY7O75111708323 and petitioners No.2 bearing No. L1258344vide File No. HY1 06190521013, Dt. 18-01-2023 on the^ground of^pending criminal case vide CR No.1B7l 2020 Uls 506 r/w 34 IPC sec⁽¹ ) (0 (s) 3(2) (va) of SCs/STS (POA) Act of PS Ellanthakunta it is PT vide^SCNo. 5812022 in lll Addl. District and Sessions Judge at Karimnagar, communicated vide objection letter with Ref-No. SCN/314707031123 Dt. 27-04-23 as highly illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of lndia and contrary to the^provisions of the^passport Act ,1967 and consequently direct respondent no.2 to^{re- issue/} renew the^petitioner No.1 and²

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'passports bearing no L1283469 and 11258344 by processing the application via File No. HY7075111708323 and HY106190521013 Dt 18-1-2023^without reference to the said criminal case as^petitioners already^{submitteddetail} Explanation on 17-06-2023 and 26-1 1-2024 same may be^considered.

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lA NO: 1 OF 2024

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Petition under Section^'151 CPC praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased to direct the Respondent no. 2 to^process the application Dt.^{1B-01-2023 for} reissue/renewal of the^{petitioners passport} bearing no.L1283469 vide file no. 11Y2061934915113 and L1258344 vide file No. HY1061905210113 by considering representation Dt. 26-1 1-2024^pending disposal of the^{main writ} of the present Writ Petition.

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Counsel for the Petitioner : Ms.VANAPARTHI VAISHALI

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counserrortheRespondents:?#);";ilJ#,"S-flf.J^l'*uMAR, DY.SOL.GENERAL

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The Court made the following: ORDER

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THE HON'BLE^{JUSTICEMOUSHUMIBHATTACHARYA}

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WRIT PETITION NO .3s531^{0F 2024}

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Ms. Vanaparthi^{Vaishali,learned counscl for thc petitioncrs'}

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Ms. N.V.R. Rajya^{Lakshmi,learned counsel representingMr'Gadi Pravccn Kumar' the} learned Deputy^{SolicitorGeneral of lndia, for the respondents'}

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ORDER:

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The^{presentwrit petition has bcen filcd for a dircction on the} respondent^{No.2-The Regional Passportoflicer, The RegionalPassport} Office,Kummarguda,Secunderbad,tore-issue/renewthepassportofthc petitioners. The^{petitioners have also submitted the explanation lo the} letter dated 27.o4.2023^{addrcssed by thc respondentNo.2 on 17.Oo.2023} seeking ciariltcation^{with regard to pending criminalproceedings involving} the petitioners.

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The respondent authorities^{arc represcnted.}

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After hearing learned^{counsel appearingfor the petitionersas r'r'eilas} the respondents, it^{appears that the issue was consideredbr' 2} Co-ordinate Benches^{in W.P.Nos.8697of 2023and 22218 of 20)'l 'Roth} the learned Single^{Judgesrcfcrrcd tothe Hon'ble SuprcmcCourt} Judgment in Vangala^{KasturiRangacharyulu u'CentralBureauoJ'} lnuestigatiod and^{came to the finding that mere pendency of criminal ciise} cannotbeagroundtodeclinctherene,,alofpassportprovidcrlthatthc petitioner is ready for rener,r'al^{of passport.ln this case the pctitionersir rc} ready to cooperate with the^{Trial Court in concludingthe trial' 'lhe}

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'^{zozo crt.L..t.1sc1 5tz}

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pctltioncrs before thc Court are also u.illing to cooperate with the pending proceedings. This Court also finds factual similarities between Vangala Kastui Rangacharyutu (supral and the present case where the Hon,ble suprr:mc court hcld that th(r passport Authoritv cannot refuse the renewal of passport on the ground of pendency of criminal proceedings and accordingly directed the passport Authority to renew the passport of the petitioner without raising objection relating to pendency of criminal procccdings.

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4' Accordingly, this Court is of the view that the writ petition can be disposed of by directing the petitioners to submit a reply to the letter dated 27.04.2023. 1'hc re spondr:nr No.2 will consider thc reply submitted by the pctitioners and take steps for re_issuance/ renewal of the passport in due compliance of the findings of the Hon,ble Supreme Court in Vangala Kasturi Rangacharyulu (supra). The petitioner shall ho,a,ever be subject to tht: follou'ing conditions:

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(i) The petitioners shar submit an undertaking along with an affidavit before the rearned III Additionar District and Sessions Judge at Karimnagar in S.C.No..5B ol 2022 srating that the petitioners will not leave Indta during pendency of the S.C. without permission of the court and the petitioners will cooperate with the Trial court in concluding the criminal proceedings.

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(ii) 'l'hc^'l'rial Ct>urt shall issue a cerlified copy of the undertaking and affidavit within 2 weeks from the date of filing of the undertaking.

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///

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(iii) The petitioners shall submit the certified^copy of^{the aforcsaid} undertaking along with^{the rcply/ explanationbefor<: the concerned} Passport Officer for consideration of their application^lor re-issuance/ renewal of passport.

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(iv) The Passport Authority shall consider thc documents in the light of the observations made by the^{Courts as well as the undcrtaking} and other documents^{filed by} the^{petitioners.The petitioncrsshall} also be at liberty to rely on the decisions in this^rcgard.Thc petitioners shall deposit the original passport before t.he Tria I Court in criminal case for renewal of the passport. The petil.ioners shall at liberty to file an application before the learned III Additional Distri<;t and Sessions Judge at Karimnagar seeking permission to travel outside India. The learned III Additional District and Sessions Judge at Karimnagar shall consider the same in accordance with law.

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5 W.P.No.35531 of 2024 is disposed of in terms of the above.

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Miscellaneous applications pending, if any, shall stand closed.

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There shall be no order as to costs

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//TRUE COPYII

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SD/.P.PADMANABHA REDDY ASSrsrANr REGrf TRAR d

SECTION OFFICER

To,

The Principal Secretary Ministry of External Affairs, South Block, Secretariat , Union of lndia , Raisina Hitl New Delhi lndia.

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The Regional Passport Officer, O/o, the Regional Passport Office, D.No.82215 to 219 kummurguda

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One CC to Ms.VANAPARTHI VAISHALI, Advocate. [OPUC]

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One CC to SRI GADI PRAVEEN KUMAR, (Deputy Solicitor General of lndia), High Court for the State of Telangana at Hyderabad. IOPUC]

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Two CD Copies

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HIGH COURT

DATED:19 11212024

ORDER

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WP.No.35531 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS ffic4.4

Bhoopathi Reddy Rondla v. The Union of India

Case brief

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Bhoopathi Reddy Rondla v. The Union of India

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