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2025 DAILYLAW 20611 (AP)

MANGALORE MUBARAK TAJ v. THE UNION OF INDIA

WP/14482/2024 · 2025-07-01

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010289262024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14482/2024 Between: 1. MANGALORE MUBARAK TAJ, S/O BADRUDDIN MANGALORE, AGED ABOUT 46 YEARS, OCC BUSSINESS, R/0.D.N0.6/IOOB, PANJANI SATRAM, PEDDAPANJANI, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI REP., BY ITS SECRETARY. 2. THE REGIONAL PASSPORT OFFICE, REP., BY ITS REGIONAL PASSPORT OFFICER, CHENNAI. 3. THE STATION HOUSE OFFICER, PANJANI POLICE STATION, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT ...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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No.2 in renewing the Passport No.M5004519 issued in my favour referring to crime in FIR No. 102/2023 on the file of Panjani Police Station, Peddepanjnai Mandal, Chittoor District registered for the offences punishable under Sections 447, 323, 324, 506 R/w 34 of Indian Penal Code, 1860 as illegal, arbitrary, contrary to the provisions of the Passport Act, 1967 and the well established legal principles laid down by this Honble Court as well as the 2 Honble Apex Court from time to time apart from being violative of the fundamental rights guaranteed to me under Articles 14,19 and 21 of the Constitution of India and consequently direct the respondent No.2 to renew the Passport No.M5004519 issued in my favour for a further period of 10 years without referring to the crime in FIR.No.102/2023 on the file of Panjani Police Station, Chittoor District, and pass IA NO: 1 OF 2024 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 Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ::ORDER:: Heard Sri N.Rupeswar Reddy, learned counsel representing Sri V.R.Reddy Kovvuri, learned counsel for the petitioner, Mrs Alekaya, learned counsel for respondents 1 and 2 and Sri Ajay, learned Assistant Government Pleader for Home for the 3rd respondent. 2. The petitioner made an application vide file No.VJ1076716088524 on 04.07.2024 seeking a passport. This online status reveals ‘pending for physical Police verification at Panjani Police Station, Chittoor District’. Since the passport has not been issued, the petitioner filed the above writ petition. 3. Learned counsel appearing for the respondents would submit that a case in Crime No.102 of 2023, Panjani Police Station, was registered against the petitioner. The Police filed a final report before the Judicial Magistrate of First Class-cum-Principal Junior Civil Judge, Panjani. The Court has taken cognisance and the same is numbered as C.C.No.671 of 2023. The petitioner has to approach the jurisdictional Court and make an appropriate application. 3 4. In reply, learned counsel for the petitioner would submit that the petitioner will approach the jurisdictional Court and file an application. 5. 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 i.e. Judicial Magistrate of First Class-cum-Principal Junior Civil Judge, Panjani and file an appropriate application in C.C.No.671 of 2023. If such an application is filed 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. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 02.07.2025 SNI 4 142 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25768/2023 Date: 02.07.2025 SNI