1. Heard Sri Jagan Mohan P, learned counsel representing Sri Neeli Rishi Kumar, the learned counsel for the petitioner and Smt.NVR Rajya Lakshmi, learned Standing Counsel for Central Government, appearing for respondents. Perused the record.

2. This writ petition is filed complaining of the action of the respondent authorities in deboarding the minor petitioner on 23.10.2025 and in thereafter restraining him from travel, insisting upon surrender of his Indian passport and payment of penalty/overstay fees, despite the minor being a citizen of India by descent under Section 4(1)(b) read with Section 4(1A) of the Citizenship Act, 1955.

3. The case of the petitioner is that the minor was born in the United Kingdom on 23.03.2022 to an Indian citizen father, that his birth was duly registered with the Indian Mission within the statutory period, and that he was issued an Indian passport on 02.05.2022. It is stated that the minor also acquired British citizenship by birth, which is automatic and involuntary, and that under Section 4(1A) of the Citizenship Act, 1955, the minor is entitled to retain Indian citizenship during minority and the question of renunciation arises only upon attaining majority.

4. Learned counsel for the petitioner contends that the deboarding of the minor petitioner, insistence on surrender of the Indian passport, and demand for penalty/overstay fees are wholly arbitrary, unsupported by any written order, and contrary to the statutory scheme under the Citizenship Act, 1955. Reliance is placed on the judgment of the Hon’ble Delhi High Court in Akshar Reddy Vanga v. Union of India ((2024 DHC 2393)).

5. However, the learned counsel for the petitioner fairly conceded that the petitioner is willing travel out of India on the same Indian passport and therefore, prayed to allow the writ petition.

6. Learned counsel appearing for the respondents, produced written instructions issued by the Foreigners Regional Registration Office, Hyderabad, wherein it is stated that the petitioner had arrived in India on 13.09.2025 on Indian passport, that an exit permit application dated 09.12.2025 is pending for payment of fees, and that as per existing passport and immigration guidelines, an Indian citizen cannot hold a foreign passport. It is prayed that suitable directions be issued to the petitioner to pay the requisite fee if he intends to travel on foreign passport.

7. Having considered the submissions on either side and on a prima facie examination of the statutory provisions, this Court notes that Section 4(1A) of the Citizenship Act, 1955 expressly protects the citizenship of a minor who is a citizen of India by descent, even if such minor is also a citizen of another country, until attainment of majority. The requirement of renunciation arises only upon attaining full age. During minority, the statutory right of citizenship cannot be curtailed by executive instructions or administrative guidelines.

8. In the present case, the minor petitioner entered India on an Indian passport and seeks to travel out of India on the same Indian passport. In the absence of any adjudication under the Citizenship Act, 1955, and in the absence of any written order declaring cessation of citizenship, the insistence on surrender of the Indian passport and levy of penalty cannot be sustained.

9. In view of the above facts and circumstances, and without expressing any opinion on the final determination of citizenship status, this Court deems it appropriate to dispose of the writ petition with a direction.

10. Accordingly, the writ petition is disposed of with the directions the respondents to permit the minor petitioner, Niketan Panjela, to travel to the United Kingdom on his Indian passport, without insisting for surrender of the said passport and shall not levy or demand any penalty, overstay fee or other charges in connection with such travel and also necessary clearance / exit permission / valid visa, if required, shall be issued forthwith, subject to routine verification, to facilitate the minor’s travel.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.