APHC010404132025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20822 Between: 1. SRI GOLLAPUDI VENKATEWARA RAO, S/O VENKATA RAMANA MURTHY, AGED 57 YRS , D.NO.24 VUDA COLONY, PEDAGANTYADA, OLD GAJUWAKA VISA KHAPATNAM.530044 1. UNION OF INDIA, MINISTRY OF FINANCE SECRETARY, SASTRY BHAVAN NEW DELHI. 2. THE REGIOINAL PASS PORT OFFICER, REGIONAL PASS PORT OFFICE, NEAR P.F., OFFICE BESIDE RYTHU BAZAR, MARRIPALEM VUDA LAYOUT NAD POST, VISAKHAPATNAM. 3. THE COMMISSIONER OF POLICE, VISAKHAPATNAM 4. THE STATION HOUSE OFFICER, IV TOWN POLICE STATION, VISAKHAPATNAM. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20822 OF 2025 SRI GOLLAPUDI VENKATEWARA RAO, S/O VENKATA RAMANA MURTHY, AGED 57 YRS , D.NO.24-5-6/1 HIG 502 VEDANILAYAM , VUDA COLONY, PEDAGANTYADA, OLD GAJUWAKA VISA KHAPATNAM.530044 ...PETITIONER AND UNION OF INDIA, MINISTRY OF FINANCE REPRESENTED BY ITS SECRETARY, SASTRY BHAVAN NEW DELHI. THE REGIOINAL PASS PORT OFFICER, REGIONAL PASS PORT OFFICE, NEAR P.F., OFFICE BESIDE RYTHU BAZAR, MARRIPALEM VUDA LAYOUT NAD POST, VISAKHAPATNAM. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY. THE STATION HOUSE OFFICER, IV TOWN POLICE STATION, ...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 IN THE HIGH COURT OF ANDHRA PRADESH [3459] THE ELEVENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM SRI GOLLAPUDI VENKATEWARA RAO, S/O VENKATA RAMANA 6/1 HIG 502 VEDANILAYAM , VUDA COLONY, PEDAGANTYADA, OLD GAJUWAKA VISA ...PETITIONER REPRESENTED BY ITS THE REGIOINAL PASS PORT OFFICER, REGIONAL PASS PORT OFFICE, NEAR P.F., OFFICE BESIDE RYTHU BAZAR, MARRIPALEM CITY. THE STATION HOUSE OFFICER, IV TOWN POLICE STATION, ...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 JS,J W.P.No.20822 OF 2025 pleased toPleased to Issue a Writ or Order or Direction more particuarly one in the Nature of a Writ of Mandamus declaring the action of the Respondents particularly the 2nd Respondent Issued a Letter dated 19-03-2025 in the name of petitioner in connection with the Renewal of Pass Port Number M 5945172 on the Petitioner's Renewal Application VS1077253585124 only on the sole ground the petitioner having a Criminal Case No.400/2018 on the file of 1st Additional Chief Metropolitan Magistrate Court, Visakhapatnam it is pending, it is nothing but deniel of petitioner's right to Travel abroad on his own choice all are Illegal, Unlawful, Violation of Principles of Natural Justice, Violation of Article 14,19,21 of the Constitution of India, Violation of the Pass Port Act, Violation of Apex Court Ruling Consequently to direct the Respondent No.2 to Renewal of Petitioner's Pass Port Number M 5945172 without insisting the No Objection Certificate (NOC) by any manner or what so ever and pass 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 pleased to direct the 2nd respondent Pass Port Authority to Renewal of the Petitioner Pass Port Number M 5945172 without insisting the No Objection Certificate pending disposal of the main Writ Petition and pass such other order or orders may deem fit and proper in the circumstances of the case and to pass Counsel for the Petitioner: 1. RAVURI LEELA SAI SAMPATH Counsel for the Respondent(S): 1. GP FOR HOME 2. J U M V PRASAD (CENTRAL GOVERNMENT COUNSEL) 3. The Court made the following : 3 JS,J W.P.No.20822 OF 2025 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 a Writ of Mandamus declaring the action of the Respondents particularly the 2nd Respondent Issued a Letter dated 19.03.2025 in the name of petitioner in connection with the Renewal of Pass Port Number M 5945172 on the Petitioner’s Renewal Application VS1077253585124 only on the sole ground the petitioner having a Criminal Case No.400/2018 on the file of 1st Additional Chief Metropolitan Magistrate Court, Visakhapatnam it is pending it is nothing but denial of petitioner’s right to Travel abroad on his own choice all are Illegal Unlawful Violation of Principles of Natural Justice Violation of Article 14, 19, 21 of the Constitution of India Violation of the Pass Port Act Violation of Apex Court Ruling Consequently to direct the Respondent No.2 to Renewal of Petitioners Pass Port Number M 5945172 without insisting the No Objection Certificate (NOC) by any manner or what so ever and pass… 2. The petitioner is a business man, having a valid Indian passport up to 01.02.2025 vide passport number M 5945172. The 2nd respondent has not renewed the petitioner’s passport on the ground that the petitioner is involved in crime. 3. Learned counsel for the petitioner submits that mere pendency of criminal cases is not a ground to deny the issuance of a passport. Learned counsel for the petitioner relies on the judgment of this Court in Ganni Bhaskara Rao v. Union of India and Another1, 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 I Additional Chief Metropolitan Magistrate, Visakhapatnam, took cognizance of the case in C.C.No.400 of 2018. 5. The learned counsel for the petitioner, in reply, submitted that liberty may be granted to approach the jurisdictional Court. 12023 (4) ALT 406 (AP) 4 JS,J W.P.No.20822 OF 2025 6. Given the facts and circumstances of the case, the Writ Petition is disposed of, directing the petitioner to approach the I Additional Chief Metropolitan Magistrate, Visakhapatnam, 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 Passport Rules, 1980. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 11.9.2025 TJN 5 JS,J W.P.No.20822 OF 2025 94 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20822 OF 2025 Dated: 11.9.2025 TJN