APHC010158672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8340/2025 Between: 1. DEVARAPALLI VENKATESWARA RAO, S/O DEVARAPALLI GURAVIAH, NEAR MADDIRAMMA TEMPLE, RAJUPOTHE PALLE (VILLAGE), T. NARASAPURAM MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH - 534461 ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY ITS SECRETARY, CPV AND OVERSEAS INDIAN AFFAIRS MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI. 2. THE PASSPORT AUTHORITY OF INDIA, REP. BY ITS CHIEF PASS PORT OFFICER, PSP DIVISION MINISTRY OF EXTERNALAFFAIRS, ROOM NO. 8, PATIALA HOUSE, NEW DELHI. 3. THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN CENTRAL, D.O. 27-37- 158, M G ROAD VIJAYAWADA, N.T.R. DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT. 5. THE STATION HOUSE OFFICER, T.NARASAPURAM P.S., WEST GODAVARI DISTRICT. ...RESPONDENT(S): SRS,J W.P.No.8340 of 2025 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 writ of Mandamus declaring the inaction of the respondents in issuing passport of the petitioner pursuant to his application vide Application No. VJ 2004335191922 dated 23-06-2022 under the guise of pendency of a criminal case vide FIR No. 476 of 2021 on the file of T. Narasapuram Police Station, West Godavari District and issuing notice vide SCN/314040935/23, dated 04.06.2023, without assigning any valid reasons as illegal, manifestly arbitrary, unreasonable, irrational, perverse, unfair, biased, preposterous, whimsical, capricious, unconscionable, unconstitutional besides being violative of Principles of Natural Justice besides being opposed to the very spirit and object of Justice and Fair-play and Fundamental Rights guaranteed under Article 14, 19, 21 and 300-A of the Constitution of India and to consequentially direct the respondents to issue a fresh passport with a validity of 10 years to the petitioner without reference to the said crime and to 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 respondents to issue a fresh passport to the petitioner without reference to the said crime forthwith, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. A RAVINDRA BABU (CENTRAL GOVT COUNSEL) SRS,J W.P.No.8340 of 2025 The Court made the following: :: ORDER :: The above writ petition is filed to declare the inaction of respondent No.3 in issuing a passport, in pursuance of application No.VJ2064335191922, dated 23.06.2022, due to the pendency of a criminal case vide Cr.No.476 of 2021 of T. Narasapuram PS, is illegal and arbitrary. 2. Heard Sri B. Rama Shankara Rao, learned counsel for the petitioner and Sri A. Ravindra Babu, learned Standing Counsel, appeared for respondents 1 to 3 and Sri Ajay, learned Assistant Government Pleader for Home, appeared for respondents 4 & 5. 3. Learned counsel for the petitioner would submit that the petitioner made an application for the issuance of a passport on 23.06.2022. Thereafter, a show-cause notice dated 04.01.2023 was issued to the petitioner. However, the petitioner could not submit any explanation. Learned counsel also would submit that the petitioner was falsely implicated in Cr.No.476 of 2021 of T. Narasapuram PS. No charge sheet has been filed by the police so far. Learned counsel also would submit that mere pendency of a criminal case is no bar to issuing the passport under the provisions of the Passport Act, 1967. 4. Sri A. Ravindra Babu, learned Standing Counsel appearing for respondents 1 to 3, would submit that initially, a show-cause notice dated 04.01.2023 was issued to the petitioner. Since there was no response, a reminder notice dated 15.03.2023, was issued. The petitioner failed to submit an explanation either to the show-cause notice or to the remainder notice. Respondent No.3 closed the application of the petitioner on 04.04.2024 and uploaded it to the website. Learned counsel also would submit that since the application made by the petitioner was closed, the petitioner has to make a fresh application. SRS,J W.P.No.8340 of 2025 5. Sri Ajay, learned Assistant Government Pleader for Home, on instructions, would submit that no charge sheet has been filed so far, in pursuance of the aforementioned crime. He also would submit that the investigating agency referred the case as Lack of Evidence vide C.No.167/C2/AUTH/SC ST/Ref/2021, dated 10.01.2022. 6. Thus, as seen from the instructions, since there was no response from the petitioner to the show-cause notice or remainder notice, the passport application of the petitioner was closed. 7. Given the facts and circumstances of the case and since the passport application of the petitioner was closed, the Writ Petition is disposed of, giving liberty to the petitioner to make a fresh application. If such an application is filed, the respondent authorities shall consider the same as per the provisions of the Passport Act, 1967, and the Rules made thereunder. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 07.04.2025 TVN SRS,J W.P.No.8340 of 2025 171 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.8340 OF 2025 Date : 07.04.2025 TVN