‘ APHC010398672025 IN THE HIGH COURT OF ANDHRA PR AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20135 OF 2025 Between: Sai Gautham Tati, S/o. Ramakrishna Rao Tati, Aged 30 years, R/o. Door No. 10-73, Vasireddy Rama Rao Street, Raithpeta, Nandigama, NTR District. ...Petitioner AND 1. The Union of India, Department of external Affairs, Rep. by its Principle 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 Affairs, PSP Division Room No.8, Patiala House, ThilakMarg, New Delhi-110001. 3. The Regional Passport Officer, O/o. Regional 4th Floor, Stalin Central, D. No.27-37-158, Governorpet, M.G. Road, Vijayawada. 4. The Station House officer, Nandigama Police Station, Nandigama, NTR District. ...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 a Writ Direction Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the action of the ^ ’ irespondents in not renewing / reissuing the Passport of the petitioner vide Application Reference No.25-1056654473 dated 15-7-2025 bearing Passport NO.N2031347 expiring on 9-8-2025 as illegal, arbitrary, unsustainable, untenable and against law as well as principles of natural justice and violation of Article 21 of Constitution of India and consequentially direct the 3rd respondent to reissue the Petitioner’s passport No. N2031347 expiring 09-08-2025. i on 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 pass orders or orders directing the Respondents to renew and issue the passport as per Application Reference No.25-1056654473 dated 15-7-2025 bearing Passport No.N2031347 expiring on 09-08-2025. Counsel for the Petitioner: SRI NIRMALBABU A Counsel for the Respondent Nos. 1 to 3: SRI PAMARTHI KAMESWARA RAO (SC FOR CENTRAL. GOVT.) Counsel for the Respondent No.4: GP FOR HOME The Court made the following order: ,.-1rrfe' r- APHC010398672025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20135/2025 Between: TSAI GAUTHAM TATI, S/0. RAMAKRISHNA RAO TATI, AGED 30 YEARS, R/0. DOOR NO. 10-73, VASIREDDY RAMA RAO STREET, RAITHPETA, NANDIGAMA, NTR DISTRICT. ...PETITIONER AND 1.THE UNION OF INDIA, DEPARTMENT OF EXTERNAL AFFAIRS, REP. BY ITS PRINCIPLE SECRETARY MINISTRY OF EXTERNAL AFFAIRS SECRETARIAT. NEW DELHI-110004 2.THE PASSPORT AUTHORITY OF INDIA, REP. BY ITS CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, PSP DIVISION ROOM N0.8, PATIALA HOUSE, THILAKMARG, NEW DELHI-110001. 3.THE REGIONAL PASSPORT OFFICER, 0/0. REGIONAL 4TH STALIN CENTRAL, D. NO.27-37-158, SOUTH BLOCK,CENTRAL FLOOR, GOVERNORPET, M.G. ROAD, VIJAYAWADA. 4.THE STATION HOUSE OFFICER, NANDIGAMA POLICE STATION, NANDIGAMA, NTR 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 topleased to issue a Writ Direction Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the action of the respondents in not renewing / reissuing the Passport of the petitioner vide Application Reference No.25-1056654473 dated 15-7-2025 bearing Passport No.N2031347 expiring on -8-2025as illegal, arbitrary, unsustainable, untenable and against law as well as principles of natural justice and violation of 2 Article 21 of Constitution of India and consequentially direct the 3rd respondent to reissue the Petitioners passport No N2031347 on 9-8-2025 and pass expiring 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 pleased to pass orders or orders directing the Respondents to renew and issue the passport as per Application Reference No.25-1056654473 dated 15-7-2025 bearing Passport NO.N2031347 expiring on 9-8-2025and pass Counsel for the Petitioner: 1.NIRMALBABU A Counsel for the Respondent(S): 1.PAMARTHI KAMESWARA RAO SC FOR CENTRAL. GOVT 2.GP FOR HOME -15516/AP/15516/2017 The Court made the following: 3 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20135/2025 ORDER: The petitioner is working as Supervisor at Elite Residential Toronto in Canada. He came to India to renew his passport and also to issue General Power of Attorney to his father to represent the cases filed by his spouse against him. On 17.07.2025, the petitioner has applied for renewal of passport at Tirupati. Along with the application, he has also given an undertaking affidavit by disclosing that C.C.No.524 of 2025 is pending before the learned II Additional Civil Judge (Junior Division) - cum - II Additional Judicial Magistrate of First Class, Tanuku. Now, the submission of the petitioner is that the respondents are insisting Court orders for re-issuing/renewing the passport which expired on 09.08.2025. Sri Ajay, learned Assistant Government Pleader for Home appearing for the respondent, on instructions, submits that charge sheet was filed and cognizance was taken by the learned II Additional Civil Judge (Junior Division) - cum - li Additional Judicial Magistrate of First Class, Tanuku. 2. 4 3. The Hon’ble Supreme Court in Sumit Mehta v. State of NCT of Delhi^ held as follows; The law presumes an accused to be innocent till his guilt is proved. As a presumable innocent person, he is entitled to all the fundamental rights including the right to liberty guaranteed under Article 21 of the Constitution of India." 4. In view of the submissions made by learned counsel for the petitioner as well as learned Assistant Government Pleader for Home and in the light of the law laid down by the Apex Court in Sum/t Mehta referred supra, the Writ Petition is disposed of directing the petitioner to approach the Court of the learned II Additional Civil Judge (Junior Division) - cum - II Additional Judicial Magistrate of First Class, Tanuku, and make an application. Upon making such an application, the jurisdictional Court shall pass an appropriate order specifying the period, taking into account Rule 12 of the Rules. It is needless to say that the petitioner will appear before the learned II Additional Civil Judge (Junior Division) - cum - II Additional Judicial Magistrate of First Class, Tanuku, as and when he is required. 5. There shall be no order as to costs. 2013 (15) see 570 3 As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTroN OFFICER To, 1. The Principal Secretary, Union of India, Department of external Affairs, Ministry of external Affairs, 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, Thilak Marg, New Delhi-110001. 3. The Regional Passport Officer, O/o. Regional 4th Floor, Stalin Central, D. No.27-37-158, Governorpet, M.G. Road, Vijayawada. 4. The Station House officer, Nandigama Police Station, Nandigama, NTR District. 5. The N Additional Civil Judge (Junior Division) - cum - II Additional Judicial Magistrate of First Class, Tanuku. 6. One CC to Sri Nirmal Babu A, Advocate [OPUC] 7. One CC to Sri Pamarthi Kameswara Rao (SC for Central. Govt.) Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 9. Two CD Copies TF HIGH COURT DATED:20/08/2025 ORDER WP NO. 20135 OF 2025 2 8 AUG 2025 ★^4IyrrentSectioa.x ID ★ DISPOSING OF THE W.P., WITHOUT COSTS