IMPORTANT POINT
The court emphasized the importance of providing the petitioner with an opportunity to inform the respondent authorities about the pending case and provided specific conditions for renewing/issuing the passport.

ORDER

Anil Kumar Jukanti, J. - The petitioner has approached the Court seeking the following relief:

'... to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent No.2 vide letter dated 08.02.2024 herein in impounding the passport of the petitioner bearing No.B7158670 behind back without giving proper reasons is illegal, arbitrary and contrary to the orders passed by the Hon'ble High Court in W.P.No.32906 if 2023 dated 05.12.2023 and consequently set aside the same and to pass such other order or orders the Hon'ble Court deems fir and proper in the circumstances of the case and in the interest of Justice.'

2. Mr. P.N.Arun Kumar, learned counsel appearing for the petitioner and Mr. V.T. Kalyan learned counsel, representing on behalf of Sri Gadi Praveen Kumar appearing for respondent Nos.1 and 2.

3. It is submitted by learned counsel appearing on behalf of petitioner that petitioner is the holder of passport bearing No.B7258670 dated 26.10.2012 valid up to 25.10.2033. It is further submitted that a letter dated 03.04.2024 was addressed to the petitioner by respondent No.2 (Regional Passport Officer) which was received by E-mail stating that there is a criminal case pending against the petitioner and the same was not brought to the notice, for which the passport is being impounded.

4. It is further stated that the petitioner has opened the E-mail only on 08.05.2024 and hence, he did not have sufficient time to respond and submit an explanation with regard to FIR No.168 of 2020 pending before P.S. Narsingi, Cyberabad Commissionerate for the offences under Sections 420 and 408 of IPC dated 17.02.2020. It is also submitted that petitioner was not granted sufficient time to respond to the show cause notice issued under Section 10 (3) of the Passport Act, 1967 and the action of the passport authorities is bad in law and the same is liable to be set aside.

5. It is submitted by learned counsel appearing on behalf of respondent authorities that it is the duty of the petitioner to state in the application to be submitted to the passport authorities regarding the pending case at the time of submission of application for the issuance of passport. It is further submitted that as there was no response to the show cause notice issued to the petitioner under section 10 (3) of the Passport Act, 1967, the action of the respondent authorities in impounding the passport is appropriate and there is no infirmity/illegality in the action of the respondent authorities in impounding the passport. Hence, no relief be granted.

6. Heard learned counsels, perused the record. Considered the rival submissions.

7. It is not in dispute that petitioner has a passport bearing No.B7258670 issued by the concerned authorities on 26.10.2023 and the same would expire on 25.10.2033. It is also evident from the record that FIR No.168 of 2020 has been registered against the petitioner pending before Narsingi Police Station under the Cyberabad Commissionerate limits for the offences under Sections 420, 408 of IPC dated 17.02.2020 and the same was not brought to the notice of the respondent authorities in the application.

8. It is stated by petitioner that he could not respond to the communication received by E-mail on 03.04.2024 as he had not opened his E-mail till 08.05.2024. Hence, it is only a bonafide mistake that he could not respond in time to the show cause notice.

9. This Court is of the considered opinion that an opportunity be provided to the petitioner to inform the respondent authorities about the case which is pending against him by way of a representation or a reply to the show cause notice dated 03.04.2024. The petitioner shall provide all the particulars and details as sought for by the respondent authorities in the representation to be made within a period of one (01) week from the date of receipt of a copy of this order and respondent authorities shall take the same into considerati