HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.22132 of 2025

ORDER:

Heard learned counsel for the petitioner and learned standing counsel for Central Government appearing for respondent Nos.1 and 2. With their consent, this writ petition is being taken up for disposal at the stage of admission itself.

2. This Writ petition is filed seeking the following prayer:-

“to declare the action of 2nd Respondent in not renewing the passport bearing No.C7311990 of petitioner for 10 years as illegal, arbitrary and unconstitutional being violative of Articles 19 (2) and 19 (3) of the Constitution of India and violative of principles of natural justice and to consequently direct the 2nd Respondent to forthwith renew the passport bearing No.C7311990 of the petitioner for a period of 10 years under Section 10 of Passports Act, 1967 and under Rule 12 of Passport Rules, 1980 without reference to the criminal proceedings pending against the petitioner in C.C No.144 of 2024 on the file of the Honourable Principle SPE and ACB Cases Cum IV Additional Chief Judge, Nampally, Hyderabad.”

3. Brief facts stated in this writ petition are that the petitioner is a partner in M/s.LCGC Gruham Infra projects LLP and the petitioner on expiry of his passport bearing No.117853, made an application and requested respondent authorities to renew the passport. However, the same was rejected by respondent No.2 on the ground of pending C.C.Nos.892 and 144 of 2024 on the file of learned Principle SPE and ACB Cases Cum IV Additional Chief Judge, Nampally, Hyderabad. Challenging the said action, petitioner filed W.P.No.310 of 2025 and this Court vide order dated

06.01.2025 passed the following order:-

“4. This Court is accordingly of the view that the Writ petition can be disposed of directing the respondent No.2 to take steps for renewal of the passport in due compliance of the findings of the Hon'ble Suprerme Court in Vangala Kasturi Rangacharyulu (supra). The petitioner shall however comply with the following conditions:

(i) The petitioner shall submit an undertaking along with an affidavit before the learned Principal SPE and ACB cases-cum-V Additional Chief Judge, Nampally, Hyderabad, in C.C.No.892 of 2024 stating that the petitioner will not leave India during pendency of the C.C. without permission of the Court and that the petitioner will cooperate with the Trial Court in concluding the criminal proceedings.

(ii) The Trial Court shall issue a certified copy of the undertaking and affidavit within 2 weeks from the date of filing of the undertaking.

(iii) The petitioner shall submit the certified copy of the aforesaid undertaking before the concerned Passport Officer for consideration of his application for renewal of passport.

(iv) The Passport Authority shall consider the documents in the light of the observations made by the Courts as well as the undertaking and other documents filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard.

(v) The petitioner shall deposit the original passport before the Trial Court in criminal case for renewal of the passport. The petitioner shall be at liberty to file an application before the learned Principal SPE and ACB Cases-cum-IV Additional Chief Judge, Nampally, Hyderabad, seeking permission to travel outside India. The learned Principal SPE and ACB Cases-cum-IV Additional Chief Judge, Nampally, Hyderabad, shall consider the same in accordance with law.

5. W.P.No.310 of 2025 is disposed of in terms of the above'”

4. Learned counsel for the petitioner submits that subsequent to the order dated 06.01.2025 in W.P.No.310 of 2025, petitioner’s passport was renewed for a period of one year and the same is valid upto 09.01.2026. It is further submitted that petitioner had made application for renewal of passport for a period of 10 years, however, the same was renewed for a period of one year. Hence, the petitioner on 25.07.2025 filed I.A.No.2 of 2025 in W.P.No.310 of 2025, seeking modi