Samvit Gupta Vs The Union of India — Writ and Judicial Review | Telangana HC (2025)

Samvit Gupta Vs The Union of India — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to submit a fresh representation to respondent No.2 (Regional Passport Officer) within one week; respondent No.2 directed to dispose of the representation and pass appropriate orders strictly in accordance with law, preferably within two weeks of receipt, and communicate the decision to the petitioner; no order as to costs.

Issue for consideration

Whether the action of respondent No.2 in not reissuing the petitioner's passport pursuant to application File No.HY2077238730724 dated 24.12.2024, on the ground of the petitioner's involvement in ED Case No.474/2018 (MSJ Court C.R. No.11/2016) under the Madras Public Property Malversation Act, is illegal/arbitrary and contrary to the Passport Act 1967, warranting a mandamus to issue the passport without reference to the pending criminal cases.

Court's answer

With the consent of the parties, the writ petition was taken up for disposal at the admission stage itself; without expressing any opinion on the merits, the Court disposed of the writ petition granting the petitioner liberty to submit a fresh representation to respondent No.2 within one week, and directed respondent No.2 to dispose of such representation and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within two weeks of receipt, and communicate the decision to the petitioner.

Ratio / Principle

There shall be no order as to costs.

Detailed headnote1 paragraphs

Writ Petition (Telangana HC, Special Original Jurisdiction, N.V. Shravan Kumar, J., 16.04.2025) by a businessman seeking mandamus against the Regional Passport Officer, Secunderabad, for refusing reissue of his passport (File No.HY2077238730724, dated 24.12.2024) on account of a pending ED case (Case No.474/2018, MSJ Court C.R. No.11/2016) under the Madras Public Property Malversation Act, contrary to the Passport Act 1967. Acting on the Standing Counsel's intimation that the earlier representation dated 03.03.2025 (made pursuant to liberty granted by order dated 05.12.2024 in W.P.No.34033 of 2024) was not acknowledged, and with the consent of both sides, the Court disposed of the petition at the admission stage without entering the merits: liberty was granted to file a fresh representation within one week, and respondent No.2 was directed to dispose of it in accordance with law, preferably within two weeks, and to communicate the decision. No order as to costs; miscellaneous applications closed. No precedent was cited and no substantive finding on passport denial was recorded.

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

WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION NO: 11010 OF 2025

Between:

Samvit Gupta, S/o. Praveen Gupta, Aged about 39 years, Occ. Business, R/o. H.No. 8-2-611 1/53/41, Road No. 11, Banjara Hills, Hyderabad Tetangana500034.

...PETITIONER

AND

The Union of lndia, Rep. by its Principal Secretary, Ministry of Extemal Affairs, South Block Secretariat, Raisina Hill, New Delhi, lndia.

The Regional Passport Officer, O/o. The Regional Passport Officer, 73, Red Cross Road, Shivaji Nagar, Secunderabad, Telangana State.

...RESPONDENTS

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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not Reissuing the passport to petitioner pursuant to the application Vide File number HY2O77238730724, daled 2411212024, on the ground the petitioner is involved in one ED CAS 47412018 MSJ Court CR. No. 1112016 of ED U/s Madras Public Property Malversation Act as illegal, arbitrary, un constitutional, in violation of Principles of Natural Justice and contrary to the Provisions of the Passport Act 1967 and Consequently direct the 2nd respondent to issue passpo(

to petitioner pursuant to the application dated 2411212024 without reference to the pending criminal cases.

lA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondents to consider the Petitioner application Vide number HY207723873O724, dated 2411212024 for reissuance of passport without reference to the pending cases as rereferred in letter dated 1ot1212024 and 22tO1t2025.

Counsel for the Petitioner: SRl. CHUNAP ANVESH KIRAN

Counsel for the Respondents: G VENKATESHVARLU (SC FOR CENTRAL GOVT)

The Court made the following: ORDER

/

THE HON'BLE SRI WSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.11O1O ot2025

ORDER

This writ petition is filed seeking the following prayer:

"WRIT OF MANDAMUS declaing the action of the 2nd respondent in not Reissuing the passport to petitioner pursuant to the application Vide File No.HY207723873O724 dated 24/12/2024 on the ground the petttioner is inuolued in one ED Case.No.474/2018 MSI Court CR./[o. 11/2016 of DD U/ s Madras Public Propertg Maluersation Act as illegal, arbttrary, un constitutiona[ in uiolatton of Principles of Natural Justice and contrary to the Prouisions of the Passport Act 1967 and consequently direct . the 2nd respondent to issue passport to petitioner pursuant to the application dated 24/ 12/2024 uithout reference to the pending ciminal cases. "

Heard learned counsel appearing for the petitioner and Sri G. Venkateshwarlu, learned Central Government counsel appea-ring for respondents. With the consent of

NVSK,.,I W. P. No ll0lO of²⁰²⁵

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the parties,^{the writ petition is being taken up for disposal} at the admission^{stage itself. Perused the record'}

Learned counsel^{for the petitioner submittedthat in} view of the liberty^{granted to the petitioner vide order} dated 05. 12.2024^{in W.P.No'34033 of 2024 petittonerhas} made a representation^{dated 03.03.2025to the 2nd} respondent. Aggrieved^{by the inaction of respondentNo'2,} petitioner frled the^{presentWrit Petition}

Learned Standing^{Counsel appearing for} respondents submitted^{that the a-lleged representation} said to have been^{submitted by the petitioner has not} been acknowledged^{by respondentNo'2 and it petitioner} submits a fresh representation^with Proper acknowledgement same^{will be consideredand pass} appropriate orders,^{in accordance with law} I

eftdl arguing at^{length, learned counsel for the} petitioner pray this Court to^{grant liberty to the petitioner} to file fresh representation before^{respondentNo'2 and}

NVSK,J W.P.No.1l0IO of 2025

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also direct respondent No.2 to consider the same and pass appropriate orders.

Recording the submissions made by learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of granting liberty to the petitioner to submit fresh representation to respondent No.2, within a period of one (0 1) week from today and on receipt of the said representation, respondent No.2 is directed to dispose the same and pass appropriate orders, strictly in accordance with 1aw, as expeditiously as possible, preferably, within a period of two (02) weeks from the date of receipt of representation from the petitioner and communicate the same to petitioner. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall

stand closed.

SD/. B.G.VYJAYANTHI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

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To,

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

The Regional Passport Officer, Oio. The Regional Passport Officer, 73, Red Cross Road, Shivaji Nagar, Secunderabad, Telangana State.

_ --- ^^tA _,

One CC to^{SRl. CHUNAP ANVESH KIRAN Advocate[OPUC]}

One CC to SRl.^{G VENKATESHVARLU (SC FOR CENTRAL GOVT) [OPUC]}

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Two CD^CoPies

One sPare^CoPY

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HIGH COURT

DATED:1610412025

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ORDER

WP.No.11010 of 2025

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DISPOSING OF WRIT PETITION

WITHOUT COSTS

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