##PAGE1##

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD

THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

WRIT PETITION No.40343 of 2025

Date: 31.12.2025

Between:

Nisar Ahmed

..Petitioner

And

The Union of India,

Rep. by its Principal Secretary,

Ministry of External Affairs,

South Block, Secretariat,

Raisina Hill, New Delhi, India

and four others

..Respondents

ORDER

This Writ Petition is filed seeking the following relief:-

“…to issue a Writ, Order or direction more particularly one in

the nature of Writ of Mandamus declaring the action of the 3rd

respondent in issuing the letter No.IMP/1049175416/25, dated

21.05.2025 impounding the petitioner’s passport bearing No.

C5427014 as illegal, arbitrary, unconstitutional, in violation of

principles of natural justice and in violation of articles 14 and 19

(1) of the Constitution of India and consequently set aside the

letter No.IMP/1049175416/25, dated 21 05 2025 impounding

the petitioner’s passport bearing No.C5427014 and direct the

3rd respondent not to stop/restrain the petitioner to travel

Kuwait Via Saudia Arbia/Abroad on petitioner’s passport

bearing No.C5427014 and without referring to the letter No.

IMP/1049175416/25, dated 21.05.2025 and pass…”

2

EVV, J

Wp_40343_2025

2. Heard Sri Muppu Ravinder, learned counsel for the

petitioner and Ms.T.Suhasini, learned counsel representing

Sri N.Bhujanga Rao, learned Deputy Solicitor General of India,

appearing for respondent Nos.1, 3 and 4 and with their consent,

this writ petition is being taken up for disposal at the admission

stage.

3. Learned counsel for the petitioner would submit that the

petitioner is holding Indian Passport bearing No.C5427014, which

is valid till 21.03.2026. Learned counsel for the petitioner would

further submit that respondent No.3 had issued a notice, dated

21.05.2025 stating that, it is decided to impound the passport

bearing No.C5427014 under Section 10 (3) (e) of the Passports Act,

1967 (for short “the Act”), as criminal case is pending against the

petitioner. Learned counsel for the petitioner would further submit

that, after receipt of the said notice, dated 21.05.2025, the

petitioner filed W.P.No.15389 of 2025 praying this Court to direct

respondent No.4 herein not to stop/restrain the petitioner to travel

Saudi Arabia/abroad on petitioner’s passport bearing

No.C5427014. By an order, dated 28.05.2025, this Court

permitted the petitioner to travel Saudi Arabia/abroad on his

passport without reference to the Letter issued by respondent No.4

herein vide Letter No.BOI/RGIA/HYD/2025-3774, dated

3

EVV, J

Wp_40343_2025

22.05.2025. Thereafter, the petitioner has submitted a

representation, dated 16.12.2025 to drop the impugned letter vide

File No.IMP/104917541625, dated 21.05.2025 stating that he is

proposing to visit Kuwait to eke out his livelihood where the

petitioner has obtained commercial visit visa and unless the

impugned action is dropped, the survival of the petitioner as well

as his family would be at stake. Learned counsel for the petitioner

would further submit that, mere pendency of the criminal case

against the petitioner cannot be a ground to impound the passport

and the said action of the respondents is contrary to the procedure

laid down in the Act.

4. Having perused the material on record, prima facie, it

appears that the criminal case proceedings are pending before the

Special Judge at Hyderabad for Speedy Trial and Disposal of Cases

on Fraudulent Drawals and Misappropriation of Scholarship

amounts in Social Welfare, Tribunal Welfare and Backward Classes

Departments (Embezzlement)-cum-II Additional Special Judge for

trial of SPE and ACB Cases, Hyderabad (hereinafter referred to as

“the trial Court”). In view of the law laid down by the Apex Court

in Vangala Kasturi Rangacharyulu v. Central Bureau of

4

EVV, J

Wp_40343_2025

Investigation, 2020 Crl.L.J.(SC) 572; Maneka Gandhi v. Union of India, 1978 (1) SCC 248 and Satish

Chandra Verma v. Union of India and others, 2019 SCC Online SC 2048, this Court

deems it appropriate to dispose of the wr