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2025 DAILYLAW 90430 (KAR)

MR. VIVEK MANOJ GANGISHETTY v. THE UNION OF INDIA

WP/28315/2025 · 2025-12-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54291 WP No. 28315 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28315 OF 2025 (GM-RES) BETWEEN: MR. VIVEK MANOJ GANGISHETTY S/O GOVINDA RAJULU GANGISHETTY AGED ABOUT 42 YEARS, OCCUPATIONL. VICE PRESIDENT (RMS CLOUD) R/AT NO.10, “BALAJI KRUPA LAYOUT”, 1ST CROSS, HEGGADENAGARA, THANISANDRA MAIN ROAD, BANGALORE - 560043 …PETITIONER (BY SRI. PRABHU N SAVANUR.,ADVOCATE) AND: 1. THE UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, SO (DB) 74 B, SOUTH BLOCK, NEW DELHI - 110 001 REPRESENTED BY ITS SECRETARY 2. THE REGIONAL PASSPORT OFFICER, BANGALORE 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU 560095 3. THE IMMIGRATION OFFICER BUREAU OF IMMIGRATION DELHI INTERNATIONAL AIRPORT INDIRA GANDHI INTERNATIONAL AIRPORT NEW DELHI 110037 …RESPONDENTS (BY SRI. H. SHANTI BHUSHAN., DSGI. FOR R1 TO R3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54291 WP No. 28315 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI, QUASHING AND SETTING ASIDE THE SEIZURE MEMO DTD 22.10.2024 ISSUED BY THE R-3 AGAINST HE PETITIONERS PASSPORT NO. N9744019 ILLEGAL ARBITRARY AND ISSUED WITHOUT PROPER REASONING VIOLATING SECTION 3(50 OF THE PASSPORT ACT 1967 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a) Issue appropriate Writ, Order or Direction in the nature of Writ of Certiorari, quashing and setting aside the Seizure Memo dated 22/10/2024 issued by Respondent No. 03 against the Petitioner's Produced as Annexure AF. Passport No. N9744019 as illegal, arbitrary, and issued without as proper reasoning, violating Section 3(5) of the Passport Act, 1967. b) Issue appropriate Writ, Order or Direction in the nature of Writ of Mandamus, directing the Respondent No. 02 hand over the Passport and to facilitate his future travels. c) Grant such other relief's as this Hon'ble Court would be pleased to grant in the circumstances of the case, in the interest of justice and equity. 2. The contention of the learned counsel for the petitioner is that the passport of the petitioner having - 3 - HC-KAR NC: 2025:KHC:54291 WP No. 28315 of 2025 been impounded by the respondent is required to be returned and since there is only four (04) months for the validity of the passport, which is left, a passport could be reissued to the petitioner albeit on a short validity. 3. Sri.Shanthi Bhushan., learned DSGI submits that; 3.1 There are seven (07) criminal proceedings pending against the petitioner in which charge sheets have been laid and one case is at the crime stage. 3.2 It is for the petitioner to obtain necessary permission for foreign travel in those proceedings and satisfy all the conditions that may be imposed by those Courts. On which basis the short validity passport would be issued by the respondent subject to the petitioner making application for reissuance of the passport. - 4 - HC-KAR NC: 2025:KHC:54291 WP No. 28315 of 2025 4. In that view of the matter, learned counsel for the petitioner submits that a fresh application would be filed for reissuance of the passport and the permission having been obtained for foreign travel in all the pending cases relating to the petitioner would be furnished with due explanation as regards cases which are not pertaining to the petitioner. 5. In that view of the matter, I pass the following; ORDER i. The writ petition is partly-allowed. ii. The petitioner is permitted to file necessary application for reissuance of the passport accompanied by all orders passed in the pending proceedings where the petitioner has been permitted to travel abroad. iii. Though the said permissions are stated to be granted in respect of the old passport, respondents are directed to consider the same in respect of the new passport application - 5 - HC-KAR NC: 2025:KHC:54291 WP No. 28315 of 2025 submitted by the petitioner within a period of 15 days from date of receipt of copy of the application. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 10