Mr. Bala Reddy Gopu V. Union of India

WP/37394/2021

AI Insights

The case involves Mr. Bala Reddy Gopu, the petitioner, who sought to challenge the refusal of the Regional Passport Officer to renew his passport due to pending criminal proceedings related to non-payment of taxes. The petitioner argued that the refusal was arbitrary and violated principles of natural justice. The court considered the submissions, relevant legal provisions, and precedents, particularly focusing on whether the pendency of criminal cases should bar passport renewal. The court found that under the Passports Act, 1967, and the specific Office Memorandum, the passport could be renewed despite the ongoing criminal cases, provided the petitioner meets certain conditions, including submitting an undertaking.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 721613 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 28-01-2022
• Assessment Year: misc
• Other Referred Cases: Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation
• Laws Referred To: Article 226 of the Constitution of India, Passports Act, 1967
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: NAMAVARAPU RAO; JANARDHAN SUNKARA
• Assessee Lawyers: SRI CHANDRASEN LAW OFFICES
• Keywords: Violation of Principles of Natural Justice; Writ of Mandamus; Passport Renewal; Legal Arbitrary
• Section: 6(2)

Judgement Text

"HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE Dr. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 37394 oF 2021 Between: AND Mr, Bala Reddy Gopu, S/o. Late Gopu lnna Reddy, Age. 55 .Yrs, Occ. Ex-Chairman and M D of M/s. ICSA (lndia) Ltd (under liquidation), Rl/o H.No. 838, Vivekananda Nagar Colony, Kukatpally, Hyderabad ...PETITIONER Union of lndia, Rep. by it Secretary Ministry of Foreign Affairs, Shastry Bhavan, Dr. Rajendra Prasad Road, New Delhi - 110 001 The Regional Passport Officer, Department of External Affairs, Regional Passport office, Secunderabad. 1 2 ...RESPONDENTS Petition under Article 226 oI lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ order or direction, more particularly one in the nature of writ of lrrlandamus, to set aside the letter vide Reference No. OBJ/310951849/21 dt. 18.06.2021 and letter vide Reference No. FCA/31 1325559121 dt. 1 1.10.2021 issued by the 2nd respondent by declaring same as illegal, arbitrary, violation of principles oi natural justice and against settled provisions of law and consequently direct the 2nd respondent to renew/issue the passport to the petitioner pursuant to passport application No. HY20731 49 1 70920 dt. 1 4.1 2.2020. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd respondent to renew/issue the passport to the petitioner pursuant to passport application No. HY2073149170920 dl. 14.12.2020 by suspending the letter vide Reference No. OBJ/31095 1 4gt21 dt. 18.06.2021 and letter vrde Reference No. FCA/31132555gt21 dt. 11.10.2021 issued by the 2nd respondent, pending disposal of writ petition. Counsel for the Petitioner: SRl. CHANDRASEN LAW OFFICES Counsel forthe Respondent No.1: NAMAVARAPU RAJESHWAR RAO(ASSGI) Counsel for the Respondent No'2: SRl. JANARDHAN GOUD SUNKARA The Court made the following: ORDER THE HC N'BLE Dr. JUSTICE SHAMEEM AKTHER W TIT PETITION No.37394 OF 2021 ORDER: This Writ P:tition is filed by the petitioner seeking to set aside the letters v de Reference No.OBJ/310957849/21, dated 18.06.2021, ar d Reference No.FCA/311325559/27, dated lL,10.2027, issu:d by the respondent No.2, and consequently, to direct the respon lent No.2 to renew/issue passport to the petitioner pursuant to the rassport application No.HY2073149770920, dated 14.72.2020. 2, Heard the learned counsel for both sides and oerused the record. 3. Learned c, runsel for the petitioner would submit that the petitioner is bein 3 proceeded by the Income Tax and Central Tax Authorities ylde (:.C.Nos.78 and 124 of 2018 on the file (lf Special Judge for Econon ic Offences, Hyderabad, in relation to non-payment of TDS For the as;essment year 2012-13 and non-payment of entire service tax for tl re period from 2011-12 to 2015-16, respectively. Pendency of the :aid cases is no bar in renewing the passport of the petitioner. In vir,w of the facts and circumstances of the case, issuance of impurrned letters yide Reference No.OBl/310957849/ZL, dated 18.06.2021, and Reference No.FCA/311325559/27, dated I1,70.2021, by tre respondent No.2, is bad in law and ultimately, prayed to set as de the same and direct the respondent No.2 to renery the passp( rt oF the petitioner bearing No.21926010. Learned _ counsel, in suppc't of his submissions, placed reliance on a decision 2 Dr.SA,J W.P.No.37394 of 2021 4. On the other hand, the learned Standing Counsel appearing for respondent No.2 would submit that the petitioner has to fulfil the requirements in Office Memorandum, dated 10'10'2019, issued by theJointsecretary(PSP)&chiefPaSsportofficer,PSPDivision, MinistryofExternalAffairs,Governmentoflndia,forrenewalofhis passport and there is no variance in relation to the decision rendered by the Honourable Apex Court in Vangala Kasturi RangacharYulu's case (suPra) ' 5. As seen from the decision rendered by the Honourable Apex CourtinVangalaKasturiRangacharyulu'scase(supra),reliedon by the learned counsel for the petitioner, even pendency of a CriminalAppealisnotabartorenewthepassport.InSection6(2) of the Passports Act, 1967, certain grounds were indicated, under which the issue/renewal of passport can be denied to a citizen' 6. Paragraph No.3 of the Office Memorandum, dated 10.10.2019, issued by the Joint Secretary (PSP) & Chief Passport Officer, PSP Division, Ministry of External Affairs, Government of India, reads as Follows: \"3. It may be noted that applicants may be refused passports only on grounds mentioned under Section 6(2) of the Passports Act, 1967. Section 6(2)(f) of the Act states that the passport authority shall refuse to issue a passport or travel document to an applicant on the ground that proceedings in respect of an offence alleged to have ' crl.A.Nols;.I 342 of20 l7 of the Honourable Apex Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigationl' Dr.SA.J W.l'.No.37194 o1 2021 been con mitted by the applicant are pending before a criminal c )urt in India. GSR 570(E) dated 25.8.1993 tryas introduce j to give relief to such applicants against whom criminal F roceedings are pending before any Court of law in India lut who may need to travel abroad for some urgent br siness, With an undertaking under GSR 570(E) and an or ler from the Court, an applicant could be issued a short alidity passport of one year validity or for the period sp )cified by the Court.\" 7, The abov) extracted paragraph No.3 indicates that even in the event of rendency of criminal proceedings, ,ln taking an undertaking anc From an order of the Court, the applicant can be issued short val dity passport of one year validity or for the period specified by the 3ourt. 8. In view )f the decision rendered by the Honou'able Apex Court in Vanga la Kasturi Rangacharyulu's case (supra) and the Office Memora rdum, dated 10.10.2019, issued by the Joint Secretary (PSP) & Chief Passport Officer, PSP Division, Ivlinistry of External AFfairs Government of India, pendency of sucject C.Cs. against the peti ioner would not disable the petitioner for renewal of his passport. 9. Under tht se circumstances, the respondent No.2 is directed to renew the pas! port of the petitioner bearing No.21926010, for a period of one /ear, in terms of the Office Memorandum, dated 10.10.2019, a ter obtaining necessary undertaking from the ) I petitioner. .+ Dr.SA.J W.P.No.37394 of 2021 10. Withtheabovedirection,theWritPetitionisdisposedof'. MiscellaneousPetitions,ifany,pendinginthisWritPetition shail stand crosed. There shalr be no order ut :o ..oto___ - -_ - ....^_,,., SD/. K.SREERAMA MURTHY ASSISTANT REGISTRAR //TRUE COPY// -- SECTION OFFICER To, 1. The Secretary, Ministry of Foreign Affairs-'-Union of lndia' Shastry Bhavan' Dr ' il;\";;;;'i;i'sao ioia, New Delhi - 1 1o oo1 2. The Regional Passport Officer' Department of External Affairs' Regional - PritPoft office, Sebunderabad' 3. One CC to Sri Chandrasen Law Offices' Advocate [OPUC] 4'oneCCtoSriNamavarapuRajeshwarRao(ASSGI)Advocate[oPUc] 5. One CC to Sri Janardhan Goud Sunkara' Advocate IOPUCI 6. Two CD CoPies' 7. One SPare CoPY. cB*/ r/ HIGH COURT DATED:2810112122 ORDER WP.No.37 394 fi 2021 DISPOSING OF THE WP WITHOUT C )STS. $\" 1-,''--' 11 ttB ?$2?. .! -lr f gF ''\"r '- o r. jr' ,- . t' :) ul jiArt -5 r -' L,/ . "