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2025 DAILYLAW 21689 (AP)

Kancharla Veerayya v. The Union Of India

WP/15524/2025 · 2025-06-25

Subba Reddy Satti

body2025

Judgment text

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■I N APHC010306902025 |N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) I* THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No: 15524 OF 2025 Between: Kancharla Veerayya, S/o late Kameswarao, Age-64 years, R/o 1-109 Devalayam Street, Neelapalli, East Godavari District Andhra Pradesh. ...PETITIONER AND 1. The Union of India, Rep. by its Secretary, Ministry of External Affairs, Central Secretariat, New Delhi. 2. The Regional Pass Port Officer, Regional Pass Port Office, Visakhapatnam, Visakhapatnam District. 3. The Station House Officer, Kovvuru Town P.S., Kovvuru, East Godavari District. ...RESPONDENTS 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 order direction more particularly one the in the nature of writ of MANDAMUS to declare the action of the Respondents in not considering the application vide. Ref. No.24-1014352503 on 25.11.2024 for issuance of Pass Port in favour of the Petitioner as illegal arbitrary and contrary to the provisions of the Pass Port Act, 1967 and consequently direct the Respondent to complete the process of the application filed by the Petitioner for issuance of Pass Port in favor of the Petitioner by considering the application submitted by the Petitioner on 25.11.2024 in accordance with law. lA No: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2nd respondent to consider the application Vide. Ref. No'.24-1-014352503 on 25.11.2024 for issuance of Pass Port in favour of the petitioner without reference to the CrI. Case in CC.No. 354/2022 on the file of lind Additional Junior Civil Judge- cum-ll Additional Judicial Magistrate of First Class, Kovvur pending disposal of the above writ petition. Counsel for the Petitioner: SRI P.R.K. AMERANDRA KUMAR Counsel for the Respondents Nos.1, 2: SRI KAMINI VENKATESWARLU Counsel for the Respondent No.3: GP FOR HOME The Court made the following: ORDER APHC010306902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] T |1 THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15524/2025 Between: 1.KANCHARLA VEERAYYA, S/0 LATE KAMESWARAO, AGE-64 YEARS, R/0 1-109 DEVALAYAM STREET, NEELAPALLI, EAST GODAVARI DISTRICT ANDHRA PRADESH. ...PETITIONER AND 1.THE UNION OF INDIA. REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, CENTRAL SECRETARIATE, NEW DELHI. 2.THE REGIONAL PASS PORT OFFICER, REGIONAL PASS PORT OFFICE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3.THE STATION HOUSE OFFICER, KOVVURU TOWN P.S., KOVVURU, EAST GODAVARI 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 may be pleased to issue order direction more particularly one the in the nature of writ of MANDAMUS to declare the action of the Respondents in not considering the application vide. Ref. No.24-1014352503 on 25.11.2024 for issuance of Pass Port in favour of the Petitioner as illegal arbitrary and contrary to the provisions of the Pass Port Act, 1967 and consequently direct the Respondent to complete the process of the application filed by the Petitioner for issuance of Pass Port in favor of the 2 Petitioner by considering the application submitted by the Petitioner on 25.11.2024 in accordance with law. and to pass lA 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 may be pleased to direct the 2nd respondent to consider the application Vide. Ref. No.24-1014352503 on 25.11.2024 for issuance of Pass Port in favour of the petitioner without reference to the CrI. Case in CC.No. 354/2022 on the file of lind Additional Junior Civil Judge- cum-ll Additional Judicial Magistrate of First Class, Kovvur pending disposal of the above writ petition and to pass Counsel for the Petitioner; 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1.GPFOR HOME 2. The Court made the following ORDER: Heard Sri P R K Amarendra Kumar, learned counsel for the petitioner, Sri Kamini Venkateswarlu, learned panel counsel for respondents 1 and 2 and Sri Ajay, learned Assistant Government Pleader for the 3”^^ respondent. The grievance of the petitioner is that the 2^^ respondent has not considered the application vide Reference No.VS5077419963125 dated 25.11.2024 made by the petitioner for reissuance/renewal of his passport. 2. Learned counsel for the petitioner would submit that the 2'^'^ respondent has not issued a passport, in pursuance of the application made by the petitioner. 3. 4. At the hearing, learned counsel for the petitioner would submit that a case in Crime No.554 of 2021 of Kovvur Town Police Station was registered against the petitioner and others for the offences punishable under Sections 420 of IPC and Section 7(1) of the Essential Commodities Act, 1955 r/w 3^ w r IF 3 IPC. Learned counsel would submit that the police filed a final report before the II Additional Junior Civil Judge-cum-ll Additional Judicial First Class Magistrate, Kovvur, and the same is numbered as C.C.No.354/2022. The jurisdictional Court has taken cognizance. He also would contend that mere pendency of the case is no bar to the reissue/renewal of the passport. Learned counsel appearing for the respondents would submit that since the jurisdictional Court has taken cognizance, 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 file an application. 6. Given the facts and circumstances, the writ petition is disposed of, giving liberty to the petitioner to approach the jurisdictional court i.e. II Additional Junior Civil Judge-cum-ll Additional Judicial First Class Magistrate, Kovvur and file an application in C.C.No.354/2022. 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. 7, As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/-K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Union of India, Ministry of External Affairs, Central Secretariat, New Delhi. The Regional Pass Port Officer, Regional Pass Port Office, Visakhapatnam, Visakhapatnam District. The Station House Officer, Kovvuru Town P.S., Kovvuru, East Godavari District. One CC to Sri P.R.K. Amerandra Kumar, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] One CC to Sri Kamini Venkateswarlu, Advocate [OPUC] Three CD Copies. 2. 3. 4. S. 9. HIGH COURT DATED:26/06/2025 ORDER WP.No.15524 of 2025 S3 M 0 7 JUl, Co DISPOSING OF THE WP WITHOUT COSTS