APHC010380082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdicflon) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 19543 OF 2025 Between: C Lakshmi Narayana, S/o.C.Ankanna, Aged about 48 years, Occ. Business, R/o.D.No.4/399, Sreeramulapeta, Tadipatri Mandal, Annathapur 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, Nandyal, Nandyat District. 3. The Station House Officer, Tadipatri Town Police Station, Ananthapur District. r' ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent No.2 in reissuing Passport No. K 5535914 issued in favour of the petitioner by considering the Application Reference Number ARN 1001827323 citing the pendency in Cr.No. 298/2019 for the offences under Sections in 420, 406, 120b r/w 34 IPC, 8(c)r/w 20(b)(ii)(B) NDPSA, 9-1 APGA 25- on the file of Tadipatri Police Station, Ananthapur District, was registered against me and 9 others, as illegal, arbitrary, contrary to the provisions of the Passport Act, 1967 and the well established legal principles laid down by this Hon ble Court as well as the Hon’ble Apex Court from time to time apart from being violative of the fundamental rigfrts^aranteed to him under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.2 to reissue the Passport No. K 5535914 issued in favour of the petitioner for a further period of 10 years. 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 respondent No.2 to consider the Application Reference Number ARN: 25-1001827323 submitted by the petitioner for renewal of Passport No. K 5535914 without referring to the crime in Cr.No. 298/2019 on the file of Tadipatri Town Police Station, Ananthapuram District, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI D VIGNESHWAR REDDY Counsel for the Respondent No.3: GP FOR HOME Counsel for the Respondent Nos. 1 & 2: M/S. DIVYA DATLA (CENTRAL GOVERNMENT COUNSEL) The Court made the following order: V APHC010380082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 19543/2Q2fi [3459] Between: ^ S/O.C.ANKANNA, AGED ABOUT 48 R/O.D.NO.4/399, SREERAMULAPETA, TADIPATRI MANDAL, ANNATHAPUR DISTRICT. ...PETITIONER AND 1.THE UNION OF INDIA, , MINISTRY OF EXTERNAL AFFAIRS DELHI REP., BY ITS SECRETARY. passport office, rep., by its regional PASSPORT officer, NANDYAL, NANDYAL DISTRICT. 3.THE STATION HOUSE OFFICER, STATION, ANANTHAPUR DISTRICT. , NEW TADIPATRI TOWN POLICE ...RESPONDEI^T(S): X praying that in the c rcumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent No.2 in reissuing Passport No. K 5535914 issued in favour of the petitioner by considering the Application Reference umber ARN 25-1001827323 citing the pendency in Cr.No. 298/2019 for the was fenls! ^ Tadipatri Police Station, Ananthapur District, was registered against me and 9 others, as illegal, arbitrary, contrary to the Petition under Article 226 of the Constitution provisions of the Passport Act, 1967 and the well established legal principles laid down by this Honble Court as well as the Honble Apex Court from time to time apart from being violative of the fundamental rights guaranteed to him under Articles 14,19 and 21 of the Constitution of India and consequently direct the respondent No.2 to reissue the Passport No. K 5535914 issued in favour of the petitioner for a further period of 10 years and pass such 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 respondent No.2 to consider the Application Reference Number ARN; 25-1001827323 submitted by the petitioner for renewal of Passport No. K 5535914 without referring to the crime in Cr.No. 298/2019 on the file of Tadipatri Town Police Station, Ananthapuram District, pending disposal of the above Writ Petition and pass such Counsel for the Petitioner; 1. D VIGNESHWAR REDDY Counsel for the Respondent(S); 1.GP FOR HOME 2.DJVYA DATLA(CENTRAL GOVERNMENT COUNSEL) 3 The Court made the following: ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “...to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent No.2 in reissuing Passport No.K 5535914 issued in favour of , the petitioner by considering the Application Reference Number ARN: 25- [ 1001827323 citing the pendency in Cr.No.298/2019 for the offences under Sections in 420, 406, 120b r/w 34 IPC, 8 (c) r/w 20 (b) (ii) (B) NDPSA, 9-1 APGA on the file of Tadipatri Police Station, Ananthapur District, was registered against me and 9 others, as illegal, arbitrary, contrary to the provisions of the Passport Act, 1967 and the well established legal principles laid down by this Hon’ble Court as well as the Hon’ble Apex Court from time to time apart from being violative of the fundamental rights guaranteed to him under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.2 to reissue the Passport No.K 5535914 issued in favour of the petitioner for a further period of 10 years and pass such...” The petitioner is a permanent resident and doing business at Tadipatri respondent issued passport bearing No.K 5535914, for a period of ten years, which got expired on 01.01.2023. On 07.03.2025, the petitioner made an application for reissuance of passport. During poNce verification, the petitioner came to know that Sri Gaddam Khaja Hussain, SI of Tadipatri Police Station, has given complaint against the petitioner and nine others. 2. nd Town and Mandal. The 2 3. Learned counsel for the petitioner submits that the matter is still in FIR stage and sought for renewal of passport. Learned counsel for the petitioner relied on the decisions of the Hon’ble Apex Court in Maneka Gandhi v. Union of India^ and Mohan C. Lazarus v. Regional Passport Officer^, wherein it ’(1978) 1 see 248 : AIR 1978 Se 597 ^ 2021 see Online Mad 8142 4 X was held that the right to travel abroad is the personal liberty enshrined under Article 21 of the Constitution of India and sought for renewal of his passport. 4. Learned Assistant Government Pleader, appearing on behalf of the respondents, on instructions, submits that the matter is still at FIR stage. ^s the matter is still in the FIR stage and no final report has been filed till date, it cannot be held that criminal proceedings are pending against the petitioner. The criminal proceedings commence only after a final report is filed ■ before the concerned Court and the same is taken cognizance. 5. In view of the above discussion, the Writ Petition is disposed of at the stage of admission, directing the 2'"'^ respondent to renew/reissue the passport of the petitioner for the regular period for which it is renewed for others as per the Rules, within four (4) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 2"*^ respondent along with all the relevant documents and a copy of this order. No order as to costs. 6. i^s a sequel, pending miscellaneous applications, if any, shall stand closed. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Union of India, Ministry of External Affairs, New Delhi. 2. The Regional Passport Officer, Regional Passport Office, Nandyal, Nandyal District. (By RPAD) 3. The Station Flouse Officer, Tadipatri Town Police Station, Ananthapur District. 4. One CC to Sri D Vigneshwar Reddy Advocate [OPUC] 5. Two CCs to GP for Flome, Fiigh Court of Andhra Pradesh [OUT] 6. One CC to M/s. Divya Datia (Central Government Counsel) Advocate [OPUC] 7. Two CD Copies TF HIGH COURT DATED:06/08/2025 ORDER WP NO. 19543 OF 2025 ■<? V I 0 3 SEP 2025 V* (oh DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS