NagallaSrinivasas Rao Vs The Union of india — Writ and Judicial Review | Telangana HC (2025)

NagallaSrinivasas Rao Vs The Union of india — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the order dated 23.10.2024 in W.P.No.29331 of 2024, directing Respondent Nos. 2 and 3 to consider the petitioner's application (No.HY4077419529125 dated 19.02.2025) for renewal of passport No. M6543608, subject to conditions: undertaking with affidavit in C.C.No.769 of 2022 (no departure from India without trial-court permission; cooperation with trial); certified copy from the Trial Court within two weeks; fresh application before the Passport Officer with certified copy of this order and the undertaking; fresh consideration in accordance with law within three weeks; deposit of the renewed passport before the Trial Court; liberty to seek travel permission from the Magistrate. Miscellaneous applications closed; no costs.

Issue for consideration

Whether the action of Respondent Nos. 2 and 3 in not renewing the petitioner's passport No. M6543608 (application File No. HY4077419529125 dated 19.02.2025) on the ground of the pending criminal case Cr.No.77 of 2022 (PS Nizamabad) is illegal and arbitrary, and whether a direction should issue to renew the passport.

Court's answer

Both learned counsel jointly represented that the issue in the writ petition is covered by the order of this Court dated 23.10.2024 in W.P.No.29331 of 2024; bringing that submission on record, the Court disposed of the writ petition in the same lines.

Ratio / Principle

The respondents were directed to consider the petitioner's application No.HY4077419529125 dated 19.02.2025 seeking renewal of his passport, subject to the conditions set out in the order.

Key takeaways

Conditions (i)-(ii): the petitioner shall submit an undertaking with affidavit in C.C.No.769 of 2022 stating that he shall not leave India during its pendency without the Court's permission and shall cooperate with the trial Court, and the Trial Court shall issue a certified copy thereof within two weeks.ratio¶28
Conditions (iii)-(iv): the petitioner shall apply afresh before the Passport Officer with a certified copy of this order and the undertaking, and the Passport Officer shall consider the renewal afresh in the light of this Court's observations and the undertaking, in accordance with law, within three weeks of the application.ratio¶32

Detailed headnote1 paragraphs

Writ petition (Article 226) by Naqalla Srinivasas Rao challenging the non-renewal of passport No. M6543608 (File No. HY4077419529125 dated 19.02.2025) by Respondent Nos. 2 and 3 on the ground of criminal case Cr.No.77 of 2022 (Ss.341,427,506 r/w 34 IPC, PS Nizamabad); disposed of by Nagesh Bheemapaka, J., on 04-11-2025 in terms of the Court's order dated 23.10.2024 in W.P.No.29331 of 2024, as jointly represented by counsel. Respondents directed to consider the renewal application subject to: an undertaking and affidavit in C.C.No.769 of 2022 (II Additional Judicial First Class Magistrate, Nizamabad) not to leave India without trial-court permission and to cooperate with the trial; certified copy thereof within two weeks; a fresh application before the Passport Officer; fresh consideration in accordance with law within three weeks; deposit of the renewed passport before the Trial Court; and liberty to seek travel permission from the Magistrate. No costs.

[³³⁰⁰¹

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

TUESDAY, THE FOURTH DAY^{OF NOVEMBER} TWO THOUSAND AND^{TWENTY FIVE}

PRESENT

THE HONOURABLE SRI JUSTICE^{NAGESH BHEEMAPAKA}

ITP NO: OF

Naqalla Srinivasas Rao, S/o^{Nagalla Rama} nanda Thirtha, Age:⁵⁶ Years,^Occ: SeiI Employed. R/o. H.No.1-1^3-4191N301, Mahalaxminagar,^{VinaYaka Nagar'} Nizamabad District, Telangana -^503001.

AND

1

2

.RESPONDENTS

petition under Article 22G ot the Constitution of tndfi praying that in the circumstances stated in the^{affidavit filed therewith,the High court may.be} pleased to pass an order, direction or writ^{more particularlyone in the natureof} wRlT oF MANDAMUS declaring^{the action of the Respondent No.2 and 3 in not} renewing the^passport bearing^{No. M6543608in pursuantJo the application made} by the petitioner vide File^{number HY4077419529125dated 1910212025on the} ground that criminal case cr.No.77^{t2022 U1s.341,427} ,^{506 r/w 34 IPC on the file} of PS Nizamabad is illegal,^{arbitrary, and in violationof the principles of natural} justice, and also in violation of the procedure laid^{down underThePassportsAct,} 1967. Consequently, direct^{the Respondent No.2and 3 to renew the Passport} bearing No. M6543608 by^{consideringthe applicationmade by the petitioner vide} Fite number HY4077419529125^{dated 1910212025in the interestof justice.}

lA NO: 1 OF²⁰²⁵

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 Respondent^{No.2 and 3 to considerthe applicationvide File number} Hy407741g52g125^{dated 1g-02-2)25submitted by the petitionerand renewthe} Passport vide^{No.tt/6543608 pending disposalof the above writ Petition in the} interest of^justice.

Counsel for the Petitioner:^{SRI MADHAVARAPU SIDDHARTHARAO}

counsel for the^{RespondentNo. 1 to 3: KALVALASANJEEV} (sc FoR CENTRAL^GOVT )

Counsel for the^{ResPondentNo. 4:} --

The Court made the^{following: ORDER}

Jl

THE HON'BLE SRI JUSTICE^{NAGESHBHEEMAPAKA}

[IRIT NO-29629 0F 2o25

ORDER:

Heard learned counsel for the^{petitioneras well as learned} coirnsel^{appearing for the respondents.}

It is represented by learned counsel^{for the petitionerand} learned^{counsel for the respondentsthat the issue in the present} writ^{petition is covered by the order of this Court clated 23.IO.2024} passed in^{W.P.No.2933Lof 2024, and hence, the writ petition} could be^{disposed of in terms of the order of this Court dated} 23.10.2024^{passedin W.P.No.2933| ot 2024.}

Bringing the said submission of both^{learned counsel on} record, the writ petition is disposed of in^{the same lines directing} the respondents herein to consider the^Application $ No.HY4O77419529125 dated 19.O2.2025, submitted by^the petitioner seeking renewal of his passport on the lollowing conditions:

i) The petitioner herein shall submit "" undertaking ,along^{'*'ith an affidavit in C.C.No .769 of 2022, pending on the file of} Narned II Additional Judicial First Class Magistrate at Nizamabad, stating that he shall not leave India during pendency of the said C.C.^without permission of the Court and that he shalt co-operate with trial^Court in concluding the proceedings in the said C.C.;

2

ii) On filing such an undertaking as well as affidavit, the Trial Court shall issue a certified copy of the same within two (02) wecks thereflrom'

iii) The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the Passport Officer/Authority concerned for- renewal of his passport;

iv) C)n tiling such an application, the Parssport Officer/Authorit-r,' shall consider the same afresh in the light of the observations rnade by this Court herein as well as the contents of the undertaking given by the petitioner for renewal of passport, in accordancc rvith law, within three (O3) weeks from the date of said application;

v) On renewal of the passport, the petitionr:r herein shall deposit thc original renewal passport before the frial Court in C.C.No.76!) ol' 2022. However, liberty is granted to the petitioner herein to filc iln application before the learned Magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the silme in accordance with law

{ ,

3

Pending miscellaneous applications,^{if any, stand closed.No}

CoStS

./.

Sd,-P.PONNA^KRISHNA ASSISTANT^REGISTRAR

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,,TRUE COPY'/

SECTION^OFFICER

To, 1 The Principal secretary,^{Un_ionof lndia, Ministryof ExternalAffairs, south} Bi;;k, S"&"taiiat,^RailinaHill, New^{Delhi, india'}

2 The Reqionat^{passpJri'otfic"i,Rlb' zg, Red Cross Road' Shivaji Nagar'} SecundErabad,Teldngana-⁵⁰⁰⁰⁰³

3 F;;;il,1 S"ri' rib'ii,i^{r".o1a11 No. 5-6-33,1 g! Floor, Banalarowers,}

4 B'#:Ag["gH,ilf^{Am[fnl3'3.Eil6r?Eiffis*,Adr1o-qaleroPUCl}

5 one cc to sR! xnivnrn'sAueEvlsc^{ron 6ENTRALGO1r1-), Advocate} loPUCl

6 Two CD CoPies

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HIGH COURT

DATED:0^411112025

ORDER

WP.No.29629^{of 2025}

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DISPOSING^{OF THE WRIT PETITON} WTTHOUT^COSTS

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