Extracted from the PDF above. The PDF is authoritative.
APHC010395082025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20422/2025 Between:
1. PALNATI RAMANJANEYULU, S/O. NAGESWARA RAO, D. NO. 1- 72/A, NUZVID MANDAL, DEVARAGUNTA, KRISHNA DISTRICT, ANDHRA PRADESH-521201. ...PETITIONER AND
1. THE UNION OF INDIA, REP. BY ITS MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, SECRETARIAT BUILDING, RAISINA HILL, NEW DELHI-110001
2. 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. 3. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, 4TH FLOOR, STALIN CENTRAL, D.NO.27-37-158, GOVERNMENT, M.G.ROAD, VIJAYAWADA-520002. 4. THE S H O OF NUZVID POLICE STATION, ELURU DISTRICT, EARSTWHILE 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 action of the 3rd Respondent is not
2 JS,J W.P.No.20422/2025
issuing petitioner's Passport application vide No. VJ2067494117325 dated. 18.03.2025 and not releasing/issuing to the petitioner is illegal, arbitrary and violative of principles of natural justice and contrary to the provisions of the Passport Act and rules made there under and also violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to forth with issue petitioner's passport in favour of the petitioner and to pass such 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 may be pleased to direct the 3rd Respondent to issuing the petitioner's passport as well as issue the same in favour of the petitioner forthwith pending disposal of the above writ petition and to pass such Counsel for the Petitioner:
1. MD SALEEM Counsel for the Respondent(S):
1.
MD SALEEM Counsel for the Respondent(S):
1. SRIDHAR TUMMALAPUDI ( CENTRAL GOVT COUNSEL)
3 JS,J W.P.No.20422/2025
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 a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rdRespondent is not issuing petitioner's Passport application vide No. VJ2067494117325 dated. 18.03.2025 and not releasing/issuing to the petitioner is illegal, arbitrary and violative of principles of natural justice and contrary to the provisions of the Passport Act and rules made there under and also violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to forth with issue petitioner's passport in favour of the petitioner and to pass such…”
2. The petitioner is a farmer and a permanent resident of Devaragunta Village in Krishna District.On 18.03.2025, he applied for a passport. The petitioner has submitted his explanation in response to the verification report submitted by the 4th respondent, stating that the complaint is politically motivated and that he was named as accused No.32 in Crime No.290 of 2024, on the file of the Nuzivid Rural Police Station, NTR District. 3. Learned counsel for the petitioner relied on the judgment passed by the High Court of Madras in W.P.No.20058 of 2020, which held that mere pendency of an FIR cannot be the legal basis for the denial of issuance of a regular passport to the petitioner. Since no final report has been filed, it cannot be said that criminal proceedings are pending against the petitioner. 4. Learned Assistant Government Pleader for Home, on instructions, submits that the petitioner is involved in Crime No.290 of 2024 of Nuzivid Rural Police Station, NTR District,which is still in the investigation stage. 5. Since the matter is still at the FIR stage and no final report has been submitted, it cannot be said that criminal proceedings are pending against the petitioner. 4 JS,J W.P.No.20422/2025
6. Given the above observation, 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.290 of 2024. 7. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous pending applications, if any, shall stand closed.
___________________________ JUSTICE SUMATHI JAGADAM
Date: 11.08.2025 KAS