THE HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.9296 OF 2024

ORDER:

This writ petition is filed seeking the following relief:

“….to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondents in not renewing/reissuing passport bearing No.W7890264 of the petitioner’s pursuant to application No.HY3075863373923 dated 10.10.2023 as illegal, arbitrary and consequently direct the 2nd respondent to renew/reissue the passport for 10 years...”

2. The petitioner herein is holder of Passport bearing No.Z2238019. While he was in Kuwait, the said passport was expired in 2012 and thereafter, the same was renewed on 18.07.2012 for a period of ten (10) years i.e. till 17.07.2022. The case of the petitioner is that he returned to India in the year 2016 and thereafter he submitted an application for renewal of the said passport but, respondent No.2 has refused to renew his passport on the ground of pendency of two cases viz., C.C.No.558 of 2021 on the file of the I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate at First Class, Bodhan in Crime No.230 of 2020 registered for the offences punishable under Section 429 of IPC and Section 30 of Arms Act and C.C.No.650 of 2021 on the file of the I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate at First Class, Bodhan in WLOR No.02 of 53, dated 20.12.2020 under Sections 9, 2(16), 39, 55, 56 and 57 r/w 51 of the Wildlife (Protection) Act, 1972 against him. Questioning the action of respondent No.2 in not renewing / reissuing the passport of the petitioner pursuant to his application No.HY3074203396122, dated 11.05.2022, the petitioner filed W.P.No.37075 of 2022 on the file of this Court and this Court vide order, dated 26.09.2022 disposed the same directing respondent No.2 to consider the application, dated 11.05.2022 filed by the petitioner for renewal of his passport subject to the condition of furnishing undertaking by the petitioner before the trial Court. It is the further case of the petitioner that he made another application, dated 10.10.2023 on the file of respondent No.2 for renewing/reissuing his passport vide application No. HY3075863373923, dated 10.10.2023 and even after receipt of the said application, respondent No.2 has not renewed his passport by duly taking into consideration of the order, dated 26.09.2022 passed by this Court in W.P.No.37075 of 2022.

3. Mr. P. Devender, learned Standing Counsel appearing for the respondents has produced before this Court the proceedings No.HYD/843/28(128)/POC/LC/2024 dated 16.04.2024, wherein it is stated that the petitioner has applied for reissue of his passport vide file No.HY3075863373923, dated 10.10.2023 and the file was kept on hold to submit the acquittal order in the pending criminal cases. It is further stated that the petitioner has approached respondent No.2 and furnished acquittal order in C.C.No.558 of 2021, dated 02.02.2024 and C.C.No.650 of 2021, dated 02.02.2024 on the file of the I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate at First Class, Bodhan. It is further stated that after receiving the said acquittal orders, the application of the petitioner has been processed and the same was sent for police verification and the police verification report is still awaited and soon after receiving the police verification report, a new passport booklet will be issued to the petitioner.

4. In view of the said proceedings, dated 16.04.2024 being placed before this Court by the learned Standing Counsel appearing for the respondents, this Court deems it appropriate to dispose of this writ petition directing the respondents to consider the application, dated 10.10.2023 submitted by the petitioner and issue a new passport booklet to the petitioner soon after receiving police verification report.

5. With the above observations, this Writ Petition is disposed of. No costs.

Miscellaneous Petitions, if any, pending i