!C APHC010370472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SSfi: Monday, the eleventh day of august TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 18752 OF 2025 Between: Mangineni Shanmukha Vinay Kumar, S/o. Pothuraju, Aged 32 years, Occ Business, R/o. D.No.4-411, Dangudugem Road, Chinna Cheruvu Kaikalur Village and Mandal Eluru District, Andhra Pradesh. Gattu, ...Petitioner AND 1. The Union of India, Department of External Affairs New, Rep by its Principal Secretary, Ministry of External Affairs South Block, Central Secretariat, New Delhi- 110004. 2. The Passport Authority of India, Rep by its Chief Passport Officer, Ministry of External Affair's, PSP Division, Room No. 8, Patiala House, Delhi- 110001. 3. The Regional Passport Office, Visakhapatnam- 530009 4. The Regional Passport Office, Venkateswara Theatre Opp: Radio Station Road, Vijayawada- 520610. Tilak Marg, New Beside Rythu Bazar, Marripalem, Complex, MG Road ...Respondents praying that in the the High Court may be Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith. I, pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of Respondents in insisting to get the NOC to renew the Petitioner passport bearing no. Z8119493, through File No.VSI 075297041925 in accordance with the provisions of Passport Act 1957 is Arbitrary, unjust, illegal incorrect and violative fundamental rights guaranteed under Art 14 and 21 of the constitution of India and consequently direct the Respondents to renew the petitioner Passport Z8119493 for a minimum period of five (5) years within a time-frame. 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 to direct the Respondents to renewal the petitioner passport bearing No. Z8119493, Vide,File No. VS1075297041925 for a minimum period of five (5) years within a time-frame, pending disposal of the above writ petition, in the interest of Justice. Counsel for the Petitioner: SRI K V ADITYA CHOWDARY Counsel for the Respondents: M/s ENKEKALUVA ANJANA REDDY CENTRAL GOVT COUNSEL The Court made the following order: iS K.i» APHC010370472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 18752/2025 Between: 1.MANGINENI SHANMUKHA VINAY KUMAR, S/0. POTHURAJU, AGED 32 YEARS, OCC BUSINESS, R/0. D.NO.4-411, DANGUDUGEM ROAD, CHINNA CHERUVU GATTU, KAIKALUR VILLAGE AND MANDAL, ELURU DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE UNION OF INDIA, DEPARTMENT OF EXTERNAL AFFAIRS NEW, REP BY ITS PRINCIPAL SECRETARY, MINISTRY OF EXTERNAL AFFAIRS SOUTH BLOCKS CENTRAL SECRETARIAT, NEW DELHI- 110004. 2.THE PASSPORT AUTHORITY OF INDIA, REP BY ITS QHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS,' PSP DIVISION, ROOM NO. 8, PATIALA HOUSE, TILAK MARG, NEW DELHI- 110001. 3.THE REGIONAL PASSPORT OFFICE, BESIDE RYTHU BAZAR MARRIPALEM, VISAKHAPATNAM- 530009 4.THE REGIONAL PASSPORT OFFICE, VENKATESWARA THEATRE COMPLEX, MG ROAD, OPP RADIO STATION ROAD, VIJAYAWADA- 520610. ...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 2 of Writ of m H ^ particularly one in the nature tho^nr t RPaPrtrtdents in insisting to get L WQ°io,Ln"®" ® PeM'oner passport bearing no. Z8119493, through Fiie No.VSI 075297041925 in accordance with the provisions of Passport Act 1957 arbitrary, unjust, illegai incorrect and violative fundamental rights direct the Respondents to renew the petitioner Passport Z8119493 for a minimum period of five (5) years within a time-frame and to pass lA NOr 1 OF 9071^ in the^ffid^vimri' circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to zStlg^ passport bea^g Nl vearl ,h’ !■ VS1075297041925 for a minimum period of five (5) LeresroUus'tice'and'"' pass Counsel for the Petitioner: 1. K V ADITYA CHOWDARY Counsel for the Respondent(S): 1.ENKEKALUVA ANJANA REDDY(CENTRAL GOVT COUNSEL) The Court made the following: 3 ORDER: The petitioner is a businessman, having valid passport up to 01.12.2025. On 08.07.2025, he made an application for renewal of passport. In spite of order of this Court in W.P.No.26021 of 2024, respondent No.2 was insisting for No Objection Certificate from the concerned Court. 2. Crl.MP.No.2079 of 2025 in Crime No.164 of 2021 filed by the petitioner before the Judicial Magistrate of First Class, Kaikaluru, was returned on the ground that no criminal proceedings are pending. 3. Learned counsel for the petitioner submits that even though criminal proceedings are pending, a passport can be renewed under Gazette Notification GSR 570 (E) upon obtaining an NOC from trial Court. The Hon’ble Supreme Court in Maneka Gandhi v. Union of india\ held that the Right to Travel abroad is a fundamental right under Article 21 of the Constitution of India and cannot be arbitrarily restricted. 5. As no criminal proceedings are pending before the Court having the jurisdiction, this Court feels it appropriate to dispose of the writ petition by directing the respondents to renew the passport of the petitioner without reference to the Crime No. 164 of 2021. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand 4. closed. ^ (1978) 1 see 248 : AIR 1978 Se 597 ^FieER Sd/- //TRUE eOPY// SE' To 1. The Principal Secretary, Ministry of External Affairs, Union of India, Department of External Affairs New, South Block Central Secretariat, New Delhi- 110004. 2. The Chief Passport Officer, Passport Authority of India, Ministry of External Affairs, PSP Division, Room No. 8, Patiala House, Tilak Marg, New Delhi- 110001. 3. The Regional Passport Office, Beside Rythu Bazar, Marripalem, Visakhapatnam- 530009 4. The Regional Passport Office, Venkateswara Theatre Complex, MG Road Opp; Radio Station Road, Vijayawada- 520610. 5. One ,CC to Sri K V Aditya Chowdary, Advocate [OPUC] 6. One CC to M/s. Enkekaluva Anjana Reddy, (Central Govt. Counsel) [OPUC] 7. Two CD Copies RAM HIGH COURT i \ \ DATED;11/08/2025 } ORDER WP NO. 18752 OF 2025 I DISPOSING OF THE WP WITHOUT POSTS