THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.24771 OF 2025

ORDER:

The Writ Petition is filed challenging the inaction of Respondent Nos.2 and 3 in not renewing the petitioner’s passport No.Z3593679 (File No.HY3075211517925, dated 19.06.2025) for ten years, on the ground of pending criminal cases communicated orally, and without issuing any show cause notice as required under the Passport Act, 1967 and Passport Rules, 1980 and that the petitioner needs to obtain permission from the Court where the criminal cases are pending against him is illegal, arbitrary, unjust, violative of principles of natural justice, and in breach of Articles

14, 15, 16, and 21 of the Constitution of India.

2. Heard Sri Pavan Kumar Annabathuni, learned counsel for petitioner, and Sri P.Shashidhar Reddy, learned Standing Counsel for Central Government for respondent Nos.1 to 3. Perused the record.

3. Learned counsel for the petitioner submits that petitioner holds an Indian passport (No.Z3593679) valid from 01.03.2016 to 28.02.2026. As it is nearing expiry, he applied for renewal before the 2^nd respondent, but the application was kept on hold without any communication. After waiting for nearly a month and sending an email on 15.07.2025, he received a call from the 3^rd respondent regarding pending criminal cases. Upon confirming the same, he was informed that a court order would be required for renewal or the passport would be issued with only one-year validity. It is further stated that petitioner has business abroad requiring frequent travel, and mere pendency of criminal cases i.e., C.C.No.271 of 2017 and 359 of 2017, before the Junior Civil Judge, Prakasam District at Kandukuru, Andhra Pradesh, is not a valid ground to deny renewal. He relied on an interim order dated

10.09.2025, passed by this Court in W.P.No.15192 of 2025.

4. Learned Standing Counsel for the Central Government, for Respondent Nos. 1 to 3, submits that the petitioner’s application for renewal of the passport was carefully examined by the competent authority, and the same was not renewed on the ground that criminal cases are pending against him. It is submitted that the respondent authorities would consider the petitioner’s application for a period of one year only, if he obtains permission to travel abroad from the court where the criminal cases are pending against him.

5. Be that as it may, considering the judgment of the coordinate Bench of this Court in W.P.No.35056 of 2023, dated 02.01.2024, and the purpose for which the passport is being requested by the petitioner, this Court directs the respondent No.2 to renew the passport to the petitioner on the following conditions: i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.271 of 2017 and C.C.No.359 of 2017, pending on the file of Junior Civil Judge, Prakasam District at Kandukuru, Andhra Pradesh., stating that he shall not leave India during pendency of the said C.Cs., without permission of the Court and that he shall cooperate with trial Court in concluding the proceedings in the said C.Cs.;

ii) On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (2) weeks therefrom;

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 renewing the passport;

iv) On filing such an application, the Passport Officer/ Authority shall consider the same afresh in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for renewing of the passport, in accordance with law, within three (03) weeks from the date of said application;

v) Respondent No.2 shall consider the Passport Rules, 1967 while considering the application for renewing of the passport to the petitioner;

vi) The competent authority shall specify the permission period of one year