- 1 - HC-KAR NC: 2025:KHC:35180 WP No. 27089 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 27089 OF 2025 (GM-PASS) BETWEEN: SMT. KAVITHA SRINATH VENKATAPPA AGED ABOUT 47 YEARS, D/O. VENKATAPPA CHINAPPA, W/O.SRINATH SUDDAGUNTAPALYA LAKSHMAN, RESIDING AT NO.75/1, NEW NO.1 FLAT NO.A5, JANAJEEVA ASHIYANA APARTMENTS, 7TH CROSS, BHAVANI NAGAR, S.G.PALYA, BENGALURU-560 029. …PETITIONER (BY SRI. R BHADRINATH , ADVOCATE) AND: 1. THE UNION OF INDIA THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI-100 001. 2. THE REGIONAL PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35180 WP No. 27089 of 2025 REGIONAL PASSPORT OFFICE, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BENGALURU-560 095. 3. THE STATE OF KARNATAKA, THROUGH THE STATION HOUSE OFFICER, TILAKNAGAR POLICE STATION, BENGALURU-560 041. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENTS (BY SRI. ADITHYA SINGH, CGSC FOR R1 & R2; SRI. RAHUL CARIAPPA, AGA FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION DIRECTING THE RESPONDENT NO.2/AUTHORITY TO CONSIDER THE REPLY LETTER DATED 16.08.2025 SUBMITTED BY THE PETITIONER AS FOUND AT ANNEXURE-A1 07.08.2025, TO THE SHOW CAUSE NOTICE DATED LETTER FILE NO.BN1075360560625, REF.NO.SCN/1049780261/25, ISSUED BY THE RESPONDENT NO.2 AS FOUND AT ANNEXURE-A AND TO PASS ORDER TO RENEWAL/NEW PASSPORT BEARING NO.ZA169032 OF THE PETITIONER SAME IS VALID FROM 21.07.2025 AND EXPIRE DATE 20.07.2035 AS FOUND AT ANNEXURE-C OF THE PETITIONER FORTHWITH; TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION/S THE - 3 - HC-KAR NC: 2025:KHC:35180 WP No. 27089 of 2025 RESPONDENT NO.2/AUTHORITY TO NOT TO TAKE ANY COERCIVE ACTION, INCLUDING THE IMPOUNDING OR CANCELLING THE PETITIONER'S PASSPORT NO.ZA169032 OF THE PETITIONER SAME IS VALID FROM 21.07.2025 AND EXPIRE DATE 20.07.2035 AS FOUND AT ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the show cause notice dated 07.08.2025 issued by the second respondent [as per Annexure - A]. The second respondent has issued this notice calling upon the petitioner to offer explanation in the light of the pendency of the criminal proceedings in Crime No.145/2024 and Crime No.147/2024. The petitioner has responded to such show cause notice on 16.08.2025 [as per Annexure - A1]. The show cause notice and the passport relate to the issuance of passport to the petitioner. - 4 - HC-KAR NC: 2025:KHC:35180 WP No. 27089 of 2025 Mr. R. Bhadrinath, the learned counsel for the petitioner argues in support of the petitioner's grievance with the show cause notice, asserting that the pendency of these two proceedings would not be fatal because there is stay of such proceedings in the appropriate petitions before this Court. As against these submissions, Mr. Aditya Singh, the learned Central Government Standing Counsel, supported by Mr. Rahul Cariappa, the learned Additional Government Advocate, submits that [a] the petitioner is issued with passport on 21.07.2025 under Tatkal Scheme subject to Police verification, [b] it was incumbent upon the petitioner to disclose all pending proceedings notwithstanding the stay, and [c] the petitioner has deliberately suppressed and this would be a circumstance that should be considered by the second respondent. The canvass as aforesaid is considered, and this Court is of the opinion that there is no reason to - 5 - HC-KAR NC: 2025:KHC:35180 WP No. 27089 of 2025 interdict the proceedings pursuant to the show cause notice. The second respondent must consider all circumstances, including the efficacy of the stay, if any, granted by this Court in the relevant petitions and pass just orders provided all the documents are handed over. There is some controversy on whether the petitioner has indeed responded to the impugned show cause notice by a response dated 16.08.2025 [Annexure - A1]. This Court is of the view that the petition must be disposed of with liberty to the petitioner to file, within two weeks from today, a copy of the reply [as per Annexure - A1 dated 16.08.2025] with all the enclosures with the second respondent. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RB