Extracted from the PDF above. The PDF is authoritative.
APHC010329122025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16814/2025 Between:
1. RAVI KUMAR ALAPATI, S/O. A.ABEL, AGED ABOUT 33 YEARS, OCC PRIVATE EMPLOYEE, R/O. D.NO.32/274, A-COLONY, IBRAHIMPATNAM MADAL, KRISHNA DISTRICT (NTR DISTRICT), AP- 521456. ...PETITIONER AND
1. THE UNION OF INDIA, REP. BY ITS PRINCIPAL SECRETARY, (MINISTRY OF EXTERNAL AFFAIRS). SOUTH BLOCK, SECRETARIAT, RAISINA HILI, NEW DELHI, INDIA. 2. THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT. SECRETARIAT. VELAGAPUDI. AMARAVATHI. GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 3. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, 4THFLOOR,
STALIN CENTRAL. D.NO.27-37-158. GOVERNORPET. M.G.ROAD, VIJAYAWADA- 520002. ...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 a writ, order more particularly in the nature of writ of mandamus by declaring the action of respondent No.3 in not renewing/issuing the passport vide L7179124 to the petitioner pursuant to his application No VJ2076061298923 dated 14.12.2023 on the ground of
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pending criminal case against the petitioner as illegal, arbitrary and violative of Principles of Natural Justice and against Article14 and 21 of Constitution of India and against the Passports Act, 1967 and against the orders passed by this Honble court in W.P.No.6651 of 2023 and consequently direct the respondent No.3 to consider the application No. VJ2076061298923 dated 04.06.2025 of the petitioner and Renewal/issue Passport NO.L7173124 to him and 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 respondent No.3 to consider the petitioner’s application No.VJ2076061298923 for renewal of a passport vide L7179124 without referring to the criminal case pending against him and pass Counsel for the Petitioner:
1. BANDA SAI SAMPATH KUMAR Counsel for the Respondent(S):
1. GP FOR HOME
2. The Court made the following:
::ORDER::
Heard Sri B.Sai Sampath Kumar, learned counsel for the petitioner, Sri Anjana Reddy, learned panel counsel for respondents 1 and 3 and Sri Ajay, learned Assistant Government Pleader for Home for the 2nd respondent. 2. The petitioner made an application vide file No.VJ2076061298923 dated 14.12.2023, seeking issuance of a passport before the 3rd respondent.
A shortfall notice dated 28.09.2024 (Ex.P1), was issued to the petitioner due to an adverse police verification report. 3.
Learned counsel for the petitioner would submit that the petitioner submitted an explanation to the shortfall notice dated 28.09.2024, however,
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the same was not considered. He also would submit that mere pendency of a criminal case does not impede the issuance of a passport.
4.
Learned counsel for the respondents would submit that the police registered a crime against the petitioner vide crime No.483 of 2021. Later, the police filed a final report on the file of the IV Additional Metropolitan Magistrate, Vijayawada. The learned Judge has taken cognisance and the same is numbered as C.C.No.4457 of 2022. Learned counsel would submit that 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, at the admission stage with the consent of both the learned counsel, giving liberty to the petitioner to approach the jurisdictional court and file an application. 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.
Miscellaneous petitions pending, if any, shall stand closed.
_____________________ SUBBA REDDY SATTI, J
Dated: 09.07.2025 SNI
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282 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 16814/2025
Dated: 09.07.2025 SNI