i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12490 OF 2Q2fi Between: Thullimalli Ratna Kishore, C/o Thullimalli Prasada D.No.1-128 Rao, Aged 25 years, R/o Pedavegi Mandalam, VTC West Godavari Peda Malapalli, Jagannadhapuram, Janampeta, Pedavegi Sub District District-534475. ...Petitioner AND 1. The Union of India, Ministry of External Affairs Secretary, New Delhi. 2. The Regional Passport Office, Rep by its Regional Near PF Office, Beside Rythu Bazar, Visakhapatnam. Represented by its Passport Officer, Marripalem, NAD Post, ...Respondents Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pieased to issue a Writ, Order or Direction more particulariy one in the nature of Writ of Mandamus deciaring the action of the 2"“ Respondent in not issuing the Passport to the Petitioner i Application vide file No.VSI066752448724 in pursuant to his passport dated 16.07.2024 as illegal, J rights guaranteed to of the Constitution of India apart 1967 and consequently to direct the . arbitrary, high-handed and violative of fundamental Jj3e Petitioner under Articles 14, 19 and 21 I ’ ffbm.the provisions of Passport Act .2"'^ Respondent to i / I' issue passport to the Petitioner in pursuant to his passport Application in file No.VS 1066752448724 dated 16.07.2024. lA NO: 1 OF Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the 2"“ Respondent to issue passport to the Petitioner in pursuant to his application in file No.VS1066752448724 dated as expeditiously as possible. 16.07.2024 Counsel for the Petitioner: SRI SHAIK SHAHEDAZ Counsel for the Respondent Nos.1 & 2: SRI V.K.YAGNADUTT The Court made the following: *■* APHC010233892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12490/2025 Between: ...PETITIONER Thullimalli Ratna Kishore AND ...RESPONDENT(S) The Union Of India and Others Counsel for the Petitioner: 1.SHAIKSHAHEDAZ Counsel for the Respondent(S): 1. The Court made the following ORDER: Heard Ms.Shaik Shahedaz, learned counsel for the petitioner and Sri V.K.Yagnadutt, learned counsel for respondents 1 & 2. The above writ petition is filed to declare the action of respondents in not issuing a passport in pursuance of application file N0.VSI066752448724 dated 16.07.2024, as illegal, arbitrary and violative of Articles 14, 19 & 21 of the Constitution of India. 2. Learned counsel for the petitioner would submit that the petitioner, a student, made an application vide file No.VS1066752448724, dated 16.07.2024 for issuance of passport before the 2 respondent issued a shortfall notice dated 28.08.2024 (Ex.P.2) to the 3. nd nd respondent. The 2 2 petitioner indicating that a civil suit vide O.S.No.296 of 2018 is registered against the petitioner in Civil Court, Eluru. A reminder dated 15.01.2025 was issued. Learned counsel would also submit that the petitioner personally went to the office of the 2'''’ respondent, in pursuance of Ex.P.2 and submitted that a civil suit is pending and it is no bar to issue a passport. Learned counsel would also submit that despite the petitioner’s oral explanation, reminder Ex.P.3 was issued. Learned counsel would point out that Section 6(2)(f) of the Passport Act, 1967 does not apply to the facts of the case. Mere pendency of a civil case does not bar the authority from issuing passport, as per Section 6(2)(f) of the Passports Act, 1967 (for short ‘the Act’) and the guidelines issued vide G.S.R. 570(E) dated 25.08.1993. The civil suit pending against the petitioner in O.S. No. 296 of 2018 on the file of the Principal Junior Civil Judge, Eluru is for perpetual injunction and trial in the suit has commenced. Learned counsel for the respondents would submit that, in fact, the petitioner's application was approved and the passport was granted, as seen from Ex.P.1. However, due to an adverse police verification report, the passport was not issued to the petitioner. Learned counsel would fairly submit that the pendency of a civil suit does not attract either Section 6(2)(f) of the Passport Act, 1967, or GSR 570(E), dated 25.08.1993. 4. Section 6 of the Act deals with the refusal of passports, travel documents etc. Section 6(2)(f), which is relevant is extracted hereunder: .5. 6. Refusal of passports, travel documents, etc. Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely: - (2) (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; 3 Thus, as seen from the material on record, except for the pendency of a civil suit, no criminal case has been registered against the petitioner so as to attract Section 6(2)(f) of the Passport Act, 1967, or GSR 570(E), dated 25.08.1993. In fact, as seen from Ex.P.1, the passport was granted to the petitioner for a period of ten (10) years. 6. Since the petitioner has not been involved in any criminal case, the writ petition is disposed of at the admission stage, directing the 2"“^ respondent to dispatch the passport to the petitioner within two (2) weeks from the date of receipt of a copy of this order. This court further clarifies that pendency of a % , civil suit is 176 bar to issue a travel document/passport. There shall be no order as to costs. 7. - A ’ As a sequel, pending miscellaneous petitions, if any, shall stand closed. assistant reg^rar //TRUE COPY// SECTION OFFICER To J 1. The Secretary, Union of India, Ministry of External Affairs, New Delhi. 2. The Regional Passport Office, Rep by its Regional Passport Officer, Near PF Office, Beside Rythu Bazar, Marripalem, NAD Post, Visakhapatnam. 3. One CC to Sri Shaik Shahedaz, Advocate [OPUC] 4. One CC to Sri. Y.K.Yagnadutt, Advocate [OPUC] 5. Three CD Copies sree J-- HIGH COURT DATED:08/05/2025 * I8W2I)?5 i Current Section * ORDER WP.No.12490 of 2025 DISPOSING THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS