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High Court of Andhra Pradesh · body

2025 DAILYLAW 23501 (AP)

Gogineni Pushkaramba v. THE UNION OF INDIA

WP/16677/2024 · 2025-03-17

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16677 OF 2024 Between: 1. Gogineni Pushkaramba, W/o. Venkata Ramana, Aged about 54 years, House Wife, R/o. D/No. 3-107, Zami Golvepalli, VTC Pamarru, Krishna(D) 2. Gogineni Moksha Sai, C/o Gogineni Sravanthi, Aged about 12 years. Minor, R/o, D/No. 3-107, Zami Golvepalli, VTC Pamarru, Krishna(D) (The petitioner is the Guardian cum G.P.A holder to the 2"'* petitioner i.e Gogineni Moksha Sai) ...PETITIONERS AND The Union of India, Rep by its Ministry of External Affairs, South Block, Secretariat Building, Raisina Hill, New Delhi, 110001. The Joint Secretary PSP and Chief Passport Officer, Passport Seva Programme Division Ministry of External Affairs, Room No 27, Patiala House, Tilak Marg, New Delhi, 110001. The Regional Passport Officer, Regional Passport Office M.G.Road, Bundar Road Opp: Radio Station (AIR), Venkateswara Theater Complex, Vij Vijayawada, Andhra Pradesh 520010. The Passport Officer, Passport Seva Kendra M.G.Road, Bundar Road Opp. Radio Station (AIR), Venkateswara Theater Complex, Vij Vijayawada, Andhra Pradesh 520010. 1. 2. 3. 4. 5. Raavi Srinivasa Rao, S/o R.Nageshwara Rao, Aged about 44 years, D/No 4-140 NGO Colony, Near Police Station, Kuchipudi, Krishna K. / ,, . R/0, . District. If/ if; *« \ ...RESPONDENTS 'i ^ under Article 226 of the Constitution of India praying that in Petition the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent No 3 and 4 in granting/ issuing the Fresh passport in favour of the 2 vide No. VJ2066195200524 dated nd petitioner Application Reference 25/01/2024 is illegal, arbitrary and violative of principles of natural justice and contrary to the provisions of the Passport Act and rules thereunder and of Articles 14, 21 and 300A of the Constitution of India and also violative consequently direct the respondents to issue the passport in favour of the petitioner. lA 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 to direct the respondent No 3 and 4 to grant / issueing passport in favour of the 2"^^ petitioner pending disposal of this Writ Petition. Counsel for the Petitioner: SRI V.LAKSHMI HARISH Counsel for the Respondent Nos.1 to 4: SRI JOSYULA BHASKARA RAO, SENIOR PANEL COUNSEL FOR CENTRAL GOVERNMENT Counsel for the Respondent No.5: The Court made the following: ORDER -/ APHC010331062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16677/2024 Between; 1.GOG1NENI PUSHKARAMBA, W/0 VENKATA RAMANA ABOUT 54 YEARS, HOUSE WIFE, R/0, D/NO. GOLVEPALLI, VTC PAMARRU,KR1SHNA(D) 2.GOGINENI MOKSHA SAI, C/0 GOGINENI SRAVANTHl ABOUT 12 YEARS. MINOR, R/0, D/NO. 3-107, ZAMI GOLVEPALLI, VTC PAMARRU,KRISHNA(D) GUARDIAN CUM G.P.A HOLDER TO THE 2ND PETITIONER I.E GGINENI MOKSHA SAI) AGED 3-107, ZAMI AGED (THE 1ST PETITIONER IS THE ...PETITIONER(S) AND 1 THE UNION OF INDIA, REP BY ITS MINISTRY OF EXTERNAL RAISINA SOUTH BLOCK, SECRETARIAT BUILDING, AFFAIRS HILL, NEW DELHI, 110001. 2 THE JOINT SECRETARY PSP AND CHIEF PASSPORT OFFICER, DIVISION MINISTRY OF ROOM NO 27, PATIALA HOUSE, TILAK PASSPORT SEVA PROGRAMME EXTERNAL AFFAIRS, MARG, NEW DELHI, 110001. REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT BUNDAR ROAD OPP. RADIO STATION(AIR), VIJAYAWADA, V 3.THE ' OFFICE M.G.ROAD VENKATESWARA THEATER COMPLEX, VIJ ANDHRA PRADESH 520010. 4.THE PASSPORT OFFICER, PASSPORT SEVA KENDRA M.G.ROAD, SRS,J W.P.No.16677 of 2024 VENKATESWARA VIJAYAWADA, ANDHRA PRADESH BUNDAR ROAD OPP. RADIO STATION.(AIR), THEATER COMPLEX, VIJ 520010. 5.RAAVI SRINIVASA RAO, S/0 R.NAGESHWARA RAO AGED ABOUT 44 YEARS, R/0, D/NO 4-140 NGO COLONY, NEAR POLICE STATION, KUCHIPUDI, KRISHNA 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 a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No 3 and 4 in granting/ issuing the Fresh passport in favour of the 2nd petitioner Application Reference vide No VJ2066195200524 dated 25/01/2024 is illegal, arbitrary and violative of principles of natural justice and contrary to the provisions of the Passport Act and rules thereunder and also violative of Article 14 , 21 and 300A of the Constitution of India and consequently direct the respondents to issue the passport in favour of the petitioner and to pass lA 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 to direct the respondent No 3 and 4 to grant / issuing passport in favour of the 2nd petitioner pending disposal of this writ petition and to pass Counsel for the Petitioner(S): 1.VLAKSHMI HARISH Counsel for the Respondent(S): 1. JOSYULA BHASKARA RAO(SENIOR PANEL COUNSEL FOR CENTRAL GOVT.) SRS,J W,P.No.16677 of 2024 The Court made the following: 1 :: ORDER :: The above writ petition is filed to declare the action of respondents 3 & 4 in not granting/issuing a passport to the 2 application reference No.VJ2066195200524, dated 25.01.2024, is illegal and arbitrary. nd petitioner, applied vide 2. Heard Sri V. Lakshmi Harish, learned counsel for the petitioners and Sri J. Bhaskara Rao, learned counsel, appeared for respondents 1 to 4. On 02.08.2024, while ordering notice, this Court directed the learned counsel for the petitioner to take out personal notice to respondent No.5. Accordingly, notice was taken. However, as seen from the Memo of Proof of Service filed vide U.S.R.No.75437 of 2024, respondent No.5 refused to receive notice. 3. 4. Learned counsel for the petitioner would submit that pending the writ petition, the office of respondent No.3 issued a notice dated 09.09.2024, directing the 2'"'* petitioner to submit Annexure C / Annexure D signed by the father, for further processing of the passport application. Learned counsel also would submit that Annexure C will be submitted in due course. Given the developments, the Writ Petition is disposed of, without going into merits, giving liberty to the petitioner to submit Annexure C to respondents 3 & 4. On such submission, respondents 3 & 4 shall process the same as per law. No order as to costs. 5. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// 1= (SSot^OFFICER SE To, 1. The Union of India, Ministry of External Affairs, South Block, Secretariat Building, Raisina Hill, New Delhi, 110001. 2. The Joint Secretary PSP & Chief Passport Officer, Passport Seva Programme Division Ministry of External Affairs, Room No 27, Patiala House, Tilak Marg, New Delhi, 110001. The Regional Passport Officer, Regional Passport Office M.G.Road, Bundar Road 0pp. Radio Station(AIR), Venkateswara Theater Complex, Vijayawada, Andhra Pradesh 520010. The Passport Officer, Passport Seva Kendra M.G.Road, Bundar Road 0pp. Radio Station(AIR), Venkateswara Theater Complex, Vijayawada, Andhra Pradesh 520010. Raavi Srinivasa Rao, S/o R.Nageshwara Rao Aged about 44 years, R/o, D/No. 4-140 NGO Colony, Near Police Station, Kuchipudi, Krishna District. One CC to Sri V.Lakshmi Harish, Advocate [OPUC] One CC to Sri Josyula Bhaskara Rao, Senior Panel Counsel for Central Government.[OPUC] 8. Three CD Copies. 3. 4. 5. 7. gi HIGH COURT gi DATED: 17/03/2025 ands^ ORDER WP.No.16677 of 2024 ,/o 0 8 APR 2025 far nil Current Section . DISPOSING OF THE WRIT PETITION WITHOUT COSTS