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2025 DAILYLAW 10958 (AP)

SURAPANENI DEVA DIVENAMMA v. UNION OF INDIA

WP/6245/2025 · 2025-07-02

Subba Reddy Satti

body2025

Judgment text

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APHC010125572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6245/2025 Between: 1. SURAPANENI DEVA DIVENAMMA, S/O.(LATE) VENKATESWARA RAO AGED ABOUT 52 YEARS, R/O.D.NO.11-90, EPURU, HANUMAN JUNCTION WEST GODAVARI DISTRICT, A.P. - 521105. ...PETITIONER AND 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI - 110001. 2. THE PASSPORT AUTHORITY OF INDIA, REP. BY ITS CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, PSP DIVISION, ROOM NO.8 PATIALA HOUSE, TILK MARG, NEW DELHI. 3. THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL OFFICER, NEAR P.F.OFFICE, BESIDE RYTHU BAZAR, MARRIPALEM, VUDA LAYOUT, NAD POST, VISAKHAPATNAM - 530 009, A.P. 4. THE STATION HOUSE OFFICER, VEERAVALLI P.S., KRISHNA DISTRICT. R4 IS IMPLEADED AS PER THE COURT'S ORDER DT.20.03.2025 IN I.A.NO. 02 OF 2025. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India 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 mandamus, declaring the action of the 3RD respondent in kept 2 pending the Petitioners Application, dt. 15.11.2024 vide File No.VSB067149190324 for grant of Passport to travel Saudi Arabia along with her daughter, which is illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India and consequently direct the 3rd Respondent to consider the Petitioners Application, dt. 15.11.2024 vide File NO.VSB067149190324 and issue Passport to the petitioner to travel Saudi Arabia and pass IA NO: 1 OF 2025 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 3rd Respondent to consider the Petitioner’s Application, dt.15.11.2024 vide File NO.VSB067149190324 and issue Passport to the petitioner to travel Saudi Arabia, pending disposal of the writ petition, and pass IA NO: 2 OF 2025 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 implead the proposed respondent 4th respondent in W.P. No.6245 of 2025, Pending disposal of the writ petition and pass Counsel for the Petitioner: 1. HARINADH NIDAMANURI Counsel for the Respondent(S): 1. HARINADH NIDAMANURI Counsel for the Respondent(S): 1. Y V ANIL KUMAR (Central Government Counsel) The Court made the following: ::ORDER:: Heard Smt. N.Yasodha Kumari, learned counsel representing Sri Harinadh Nidamanuri, learned counsel for the petitioner, Sri Y.V.Anil Kumar, learned panel counsel for respondents 1 to 3 and Sri Ajay, learned Assistant Government Pleader for Home for the 4th respondent. 2. The petitioner made an application vide file No.VSB067149190324 dated 25.11.2024, seeking issuance of passport before the 3rd respondent. 3 3. Learned counsel for the petitioner would submit that the passport was not issued to the petitioner due to the pendency of the criminal case vide C.C.No.849 of 2022 on the file of the Judicial First Class Magistrate, Nuzvid. Learned counsel would contend that mere pendency of a criminal case is no ground to deny the issuance of a passport. 4. Learned counsel for the respondents would submit that the jurisdictional Court has taken cognisance, the petitioner has to approach the jurisdictional Court and make an application. 5. In reply, learned counsel for the petitioner would submit that the petitioner will approach the jurisdictional Court and make an application. 6. Given the facts and circumstances, the writ petition is disposed of, at the admission stage with the consent of both the learned counsel, giving liberty to the petitioner to approach the jurisdictional court and make an application. If such an application is made by the petitioner, the learned jurisdictional court shall consider and pass appropriate orders, keeping in view Rule 12 of the Passport Rules 1980. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _____________________ SUBBA REDDY SATTI, J Dated: 03.07.2025 SNI 4 237 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6245/2025 Dated: 03.07.2025 SNI