APHC010392772025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20319 OF 20?.*; Between: Yadia Shanmukha Sai, S/o Y.D. 30-19-30, Prasad, Aged about 32 years, R/o D.No. 4 Floor, Sri Sai Durga Nilayam Seetharampuram, Vijayawada, NTR District Chaparala Vari Street, Andhra Pradesh. ...PETITIONER AND 1. Union of India, Ministry of External Affairs, Secretary, South block. New delhi-110 001 2. Passport Authority of India, Represented psp division, ministry of external affairs, marg. New delhi-110 001. 3. Regional passport office. Represented 4‘^ floor, Stalin Central, r Vijayawada, Andhra Pradesh. 4. The Superintendent of Police, Vijayawada 5. The Station House officer, NTR District. Represented by its Principal by its Chief Passport Officer, room no.8, patiala house, tilak by its Regional passport officer D.No.27-37-158, Governorpet M.G.Road, NTR District. Bhavanipuram Police Station Vijayawada ...RESPONDENTS of India praying that in the may be Petition under Article 226 of the Constitution in the affidavit filed therewith, the High Court Circumstances stated i pleased to issue a writ, order, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents in not issuing a fresh passport to the Petitioner as per Application No. 25-1055868539 dated 07.07.2025 and File No. VJ2065356660625, to be illegal, arbitrary, and in violation of the Principles of Natural Justice and consequently direct the respondents to issue fresh Passport to the Petitioner. 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 issue fresh passport to the petitioner. Counsel for the Petitioner: SRI PILLI SUNDEEP Counsel for the Respondent Nos.1 to 3:SRI VENKATESWARLU GUNDUBOINA (CENTRAL GOVT. COUNSEL) Counsel for the Respondent Nos.4 & 5: GP FOR HOME The Court made the following order: APHC010392772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] n THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20319/2025 Between: 1.YADLA SHANMUKHA SAI, S/0 Y.D. PRASAD, AGED ABOUT 32 YEARS, R/0 D.NO. 30-19-30, 4'^'^ FLOOR, SRI SAI DURGA NILAYAM, CHAPARALA VARI STREET, SEETHARAMPURAM, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS PRINCIPAL SECRETARY, SOUTH BLOCK. NEW DELHI-110 001 2. PASSPORT AUTHORITY OF INDIA, REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS DELHI-110 001. ROOM N0.8, PATIALA HOUSE, TILAK MARG,NEW 3. REGIONAL PASSPORTOFFICE REPRESENTED BY ITS REGIONAL PASSPORT OFFICER, 4™FLOOR, STALIN CENTRAL, D.NO.27-37- 158, GOVERNORPET, M.G.ROAD, VIJAYAWADA, and ANDHRA PRADESH. 4.THE SUPERINTENDENT OF POLICE, VIJAYAWADA, NTR DISTRICT. 5.THE STATION HOUSE OFFICER, BHAVANIPURAM POLICE STATION, VIJAYAWADA, NTR DISTRICT. ...RESPONDENT(S): 2 JS,J W.P.NO.203T 9/20525 Petition under Article 226 of the Constitution of India c rcumstances stated in the affidavit filed therewith pleased to issue praying that in the the High Court may be n, more particularly one in the nature action of the Respondents in not issuing dated 07.07.2025and File No VJ206535666062ff!!°h f iAJJOiJOF 2025 a writ, order, or direction of a Writ of Mandamus, declaring the a fresh passport to the Petitioner ===S=H-S~ Counsel for the Petitioner: 1.PILLI SUNDEEP Counsel for the Respondent(S): 1.GP FOR HOME 2.VENKATESWARLU GUNDUBOINA (CENTRAL GOVT COUNSEL) The Court made the following; 3 JS,J 9^ W.P.No.20319/20525 ORDER: The present writ petition is filed under Article 226 of Constitution of India seeking the following relief: ...to issue a writ, order, or direction, more particularlyone in the nature of a Writ of Mandamus, declaring the action of the Respondents in not issuing a fresh passport to the Petitioner, as per Application No.25-1055868539 dated 07.07.2025 and File No. VJ2065356660625, to be illegal, arbitrary, and in violation of the Principles of Natural Justice and consequently direct the respondents to issue fresh Passport to the Petitioner and to pass... The petitioner, who has completed his graduation, applied (Application No. 25-1055868539) for a passport. However, due to an adverse police verification report, the second respondent has not issued the passport to the petitioner. ■'4 2. 3.- Learned counsel for the petitioner submits that mere pendency of criminal cases is not a ground to deny the issuance of a passport, and relies on the judgment of this Court in Ganni Bhaskara Rao v. Union of India and Another^ which held that merely because a person is an accused in a criminal case, it cannot be concluded that he is not entitled to hold or possess a passport. 4. On the other hand, the learned Assistant Government Pleader for Home submits that the learned IV Additional Chief Metropolitan Magistrate, Vijayawada, took cognizance of the case in C.C.No.2553 of 2024. The learned counsel for the petitioner, in reply, submitted that liberty may be granted to approach the jurisdictional Court. Given the facts and circumstances of the case, the Writ Petition is disposed of, directing the petitioner to approach the IV Additional Chief Metropolitan Magistrate, Vijayawada, and make an application. Upon making 5. 5. ^2023 (4) ALT 406 (AP) 4 JS,J W.P.No.20319/20525 such an application, the jurisdictional Court shall pass an appropriate order specifying the period, taking into account Rule 12 of the Passport Rules, 1980. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY/i SECTIOi^FFICER To. 1. The Principal Secretary, Ministry of External Affairs, Union of India, South block. New delhi-110 001 2. The Chief Passport officer. Passport Authority of India, PSP Division, Ministry of External Affairs New delhi-110 001. 3. The Regional Passport Officer, Regional Passport Office, 4**^ floor, Stalin Central, D.No.27-37-158, Governorpet, M.G.Road, Vijayawada, Andhra Pradesh. 4. The Superintendent of Police, Vijayawada, NTR District. 5. The Station House Officer, Bhavanipuram Police Station NTR District. 6. One CC to Sri Pilli Sundeep, Advocate [OPUC] 7. One CC to Sri Venkateswarlu Gunduboina [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh 9. Two CD Copies. Room No.8, Patiala House, Tilak Marg Vijayawada, (Central Govt. Counsel) [OUT] ssb HIGH COURT DATED:14/08/2025 ORDER WP No.20319 OF 2025 ^ 0 8 SEP 2025 DISPOSING OF THE W.P. WITHOUT COSTS