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High Court of Andhra Pradesh · body

2025 DAILYLAW 19931 (AP)

NANDAMURI SRI NANDAN v. THE REGIONAL PASSPORT OFFICER

WP/14093/2025 · 2025-06-11

Maheswara Rao Kuncheam

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARM^ (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE 'o TWO THOUSAND AND TWENTY FIVE T -V |\> to. THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM , WRIT PETITION NO: 14093 OF 2025 PRESENT Between: Nandamuri Sri Nandan, S/o. Smitha Chowdary Yalavarthy, Aged about 21 years, Occ Student, R/o.H.No.23-7-18, Giri Street, Near Shivalayam S.N.Puram, Vijayawada, NTR District. ...Petitioner AND 1. The Regional Passport Officer, Vijayawada, NTR District. 2. The Union of India, Rep by its Secretary. Ministry of External Affairs New Delhi. ...Respondents^ Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.1 m putting hold the Application NO.VJ2075025470825 submitted by the Petitioner for reissue of passport duly entering the 10th Class Certificate for non- Emigration Check Required (ECR) purpose without considering the divorce grated to the parents of the Petitioner as arbitrary, illegal and to enter the 10th Class consequently direct the Respondent No.1 Certificate in the passport of the Petitioner for reference of variation of the non-ECR purpose without surname of the mother of the Petitioner in the SSC Certificate, Aadhar Card arid Application and reissue the passport in submitted by the pursuant to the Application No.VJ2075025470825 Petitioner in the interest of justice" f f A'-' lA NO: 1 OF 2025 Petitio.n 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 Respondent No. 1 to reissue the passport to the Petitioner duly entering the 10*^ Class Certificate in the passport of the Petitioner for non-ECR purpose without reference of variation of the surname of the mother of the Petitioner in the SSC Certificate, Aadhar Card in pursuant to the Application No.VJ2075025470825 submitted by the Petitioner pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: SRI VELADI SAI SRI HARSHA REPRESNTING SRI P NAGENDRA REDDY Counsel for the Respondents: SRI G ARUN SHOWRI, CENTRAL GOVERNMENT COUNSEL The Court made the following: Order ^pHCOI 0279542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] 0?? THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 14093/2025 Between: Nandamuri Sri Nandan ...PETITIONER AND ...RESPONDENT(S) The Regional Passport Officer and Others Counsel for the Petitioner: -I p NAGENDRA REDDY Counsel for the Respond'ent(S): 1 G.ARUN SHOWRKCENTRAL govt. COUSEL) 2. The Court made the following Order: Heard Sri Veladi Sai Sri Harsha, learned counsel representing Sri p.Nagendar Reddy, learned counsel for the petitioner and also Sri G. Arun Showri, learned Central Government Counsel appearing for the respondents. St The instant Writ Petition has been filed challenging the action of the 1 Respondent, in putting hold the passport application No.VJ2075025470825 submitted by the petitioner on the cause that the petitioner’s parents names 2. 2 MRK,j W.P.No.14093 of 2025 are different in the SSC and Aadhaar Card and also on the ground that his father’s name was not there in the old passport of the petitioner. Learned Counsel for the petitioner submits that the petitioner has applied for reissuance of passport on 09.05.2025 by entering the 10**" class 3. \ certificate for Non-ECR to go to abroad for Higher Studies. The learned counsel submits that pursuant to the divorce of his parents, the petitioner’s mother has changed her surname in the Aadhaar by adopting her father surname and ever since the divorce, the petitioner was in the custody of his mother. He further submits that the lO*'^ class educational qualification of the petitioner discloses the earlier surname of his mother, which adopted from her ex-husband. While that being the position, the petitioner’s application for reissuance was put on hold by the passport authorities, due to mismatch of his parents surname in the certificates and no father name in the passport. Hence, the instant writ petition is emanated. 4. Learned Standing Counsel for the respondents 1 and 2, has drawn the attention of this Court to Ex.P-1 dated 26.05.2025 which was addressed to the petitioner by the respondent vide File No. VJ2075025470825, Letter Reference No.OBJ/1049201291/25, where under, 1®‘ respondent asked the petitioner to submit the required original documents before the Enquiry Officer at Passport Office, Vijayawada in respect of the queries pertaining to the parents names in SSC and Aadhaar Cards of the petitioner. Learned Standing Counsel further submits that the petitioner instead of complying the 3 MRK,J W.P.No.l4093of2025 has straight away filed the instant writ petition by invoking the extra ordinary powers vested in 'this Court under the Article 226 of the Constitution Hence, he submits that the very writ petition itself is not same, of India. maintainable. 5. At this juncture, the learned counsel for the petitioner contends that the petitioner has already preferred Written objections/Explanation dated 10.06.2025 detailing all the facts and circumstances under which the petitioner’s parents names were changed (in view of divorce proceedings which had taken place to his parents). Therefore, the learned counsel for the petitioner requested this Court that he will also submit relevant original/certified copies before the 1®* respondent within a period of one (01) week from today. For which, the learned Standing Counsel for the respondent has stated 'No Objection’. 6. Keeping in view of the submissions made by the respective counsels, this Court, at this stage without going into the arena of merits of the writ petition, deems it proper to dispose of the Writ Petition with the following directions: The petitioner is directed to appear before the 1®' respondent office on 17.06.2025 at 09:30 am with copy of explanation dated 10.06.2025 along with the original documents/certified copies; (i). MRK,J W.P.No.14093 of2025 And the respondent is hereby directed to pass appropriate orders in accordance with law, at the earliest. (ii). 7. With the above directions, the Writ Petition is disposed of. No costs. Miscellaneous Applications pending, if any, shall stand closed. SECT/^officer RAFI //TRUE COPY// To, T The Regional Passport Officer, 2. The Secretary. Union i 3. One GO to SRI P NAGENDRA CC to SRI G [OPUC] 5. Three CD Copies Vijayawada, NTR District, of India. Ministry of External Affairs New Delhi. REDDY Advocate [OPUC] ARUN SHOWRI, Central Government Counsel gsg vacatioa^ cout\r HIGH COURT DATED: 12/06/2025 \ ORDER WP.No.14093 of 2025 DISPOSING THE WP WITHOUT COSTS