GOWRABATHUNI MURALI GANGADHARA RAO v. UNION OF INDIA
WP/20693/2025 · 2025-08-11
Sumathi Jagadam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28466 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28466 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010404032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWELFTHDAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No: 20693 OF 2025 Between: Gowrabathuni Murali Gangadhara Rao, S/o. Sankara Rao, Aged 27 years, Occ: Student, R/o.D.No.6-7, Ayodya Nagar, Devangapuri, Bapatia, BapatIa District ...PETITIONER AND
1. Union of India, Rep. by its Secretary to Government of India, Ministry of External Affairs, South Block, New Delhi. ;
2. The Regional Passport Officer, Ministry of External Affairs, Government 4**^ Floor, Stalin Central, of India, Regional Passport Office Governorpet, M.G.Road, Vijayawada, N.T.R.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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2"^^ respondent in placing petitioners application No.25-1053273347, dated 03.06.2025 for issuance of new passport ‘‘On hold” status and not issuing passport in spite of his due application and compliance with ail requisite parameters and requiring a No Objection Certificate (NOC) from this Hon'ble Court as illegal, irregular, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and the provisions of the Passports Act, 1967, and the rules framed thereunder
and offends Articles 14,19 and 21 of Constitution of India and consequently direct the 2"^ Respondent to issue petitioner's passport pursuant to his application dated 03.06.2025 for a period often years under Section 10 of the Passports Act, 1967, and Rule 12 of the Passports Rules, 1980, subject to any reasonable conditions deemed fit. 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 Respondent to process petitioner’s passport application No.25-1053273347, dated 03.06.2025 and issue the passport expeditiously, Pending disposal of the main Writ Petition.
Counsel for the Petitioner: SRI RAJA DAMOJI RAO Counsel for the Respondents: ADDITIONAL SOLICITOR GENERAL The Court made the following order: nd direct the 2
1 JS,J W.P.No.20693 of 2025 APHC010404032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20693/2025 / [3459] Between:
1.GOWRABATHUNI MURALI GANGADHARA RAO. S/0 SANKARA RAO AGED 27 YEARS, OCC STUDENT, R/0. D.NO.6-7, AYODYA NAGAR, DEVANGAPURI BAPATIA DISTRICT BAPATIA, ...PETITIONER AND
1. UNION OF INDIA, REP. BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI. 2.THE REGIONAL PASSPORT OFFICER, EXTERNAL AFFAIRS, MINISTRY OF GOVERNMENT OF INDIA. REGIONAL PASSPORT OFFICE, 4TH FLOOR, STALIN CENTRAL, GOVERNORPET, M.G.ROAD, VIJAYAWADA N.T.R.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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 2'’'^ respondent in placing petitioners application No.25-1053273347, dated 03.06.2025 for issuance of new passport On hold status and not issuing passport in spite of
2 JS,J W.P. No. 20693 of 2025 his due application and compliance with all requisite parameters and requiring a No Objection Certificate (NOC) from this Hon'ble Court as illegal, irregular, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and the provisions of the Passports Act, 1967, and the rules framed there under and offends Articles 14,19 and 21 of Constitution of India and consequently direct the 2"^^ Respondent to issue petitioner's passport pursuant to his application dated 03.06.2025 for a period of ten years under Section 10 of the Passports Act, 1967, and Rule 12 of the Passports Rules, 1980, subject to reasonable conditions deemed fit by this Hon'ble Court and 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 2""^ Respondent to process petitioner’s passport application No.25- 1053273347, dated 03.06.2025 and expeditiously. Pending disposal of the main Writ Petition and pass Counsel for the Petitioner:
1.RAJA DAMOJI RAO Counsel for the Respondent(S): any pass issue the passport
1. The Court made the following:
3 JS,J W.P. No. 20693 of 2025
ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 2"'^ respondent in placing petitioners application No.25- 1053273347, dated 03.06.2025 for issuance of new passport On hold status and not issuing passport in spite of his due application and compliance with all requisite parameters and requiring a No Objection Certificate (NOC) from this Hon'ble Court as illegal, irregular, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and the provisions of the Passports Act, 1967, and the rules framed there under and offends Articles 14,19 and 21 of Constitution of India and consequently direct the 2""' Respondent to issue petitioner's passport pursuant to his application dated 03.06.2025 for a period of ten years under Section 10 of the Passports Act, 1967, and Rule 12 of the Passports Rules, 1980, subject to any reasonable conditions deemed fit by this Hon'ble Court and pass” Heard both sides and perused the record. 2. The petitioner is a student, completed his Bachelor of Technology in the year
2023. He got admission into the University of Hertfordshire, United Kingdom. He has already paid tuition fee for the academic year 2025-26. On 03.06.2025, he applied for passport vide application No.25-1053273347. The 2 respondent was holding the passport of the petitioner on the ground that he was involved in Crime No. 157 of 2024 of Chirala I Town P.S., Bapatia District. Though the charge sheet was filed, cognizance is not taken by the Judicial Magistrate of First Class, Chirala, till today. Learned counsel for the petitioner submits tha^ when a similar question has fallen for consideration before this Court, A Division Bench of this Court has disposed of Writ Appeal
3. nd
4 JS,J W.P. No. 20693 of 2025 No.383 of 2024 directing the respondents to issue passport to the petitioner without further delay. In the instant case also, as the jurisdictional Court has not taken any cognizance and mere pendency of crime is not a bar for renewing/reissuing the passport, this Court feels it appropriate to dispose of the writ petition by directing the 2'^^ respondent to issue passport in favour of the petitioner without any further delay, without reference to Crime No. 157 of 2024 dated
24.04.2024. 4.
With the above direction, the Writ Petition is disposed of. No order as to costs. 5. Miscellaneous petitions, if any, pending in this appeal shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// '^SECTIOl^ OFFICER To,
1. The Secretary to Government of India, Union of India, Ministry of External Affairs, South Block, New Delhi. 2. The Regional Passport Officer, Ministry of External Affairs, Government of India, Regional Passport Office, 4*^ Floor, Stalin Central, , Governorpet, M.G.Road, Vijayawada, N.T.R.District. 3. One CC to Sri Raja Damoji Rao, Advocate [OPUC]
4. One CC to O/o. Additional Solicitor General of India, High Court of Andhra Pradesh. [OPUC]
5. Two CD Copies. gi
4 high court DATED: 12/08/2025
ORDER WP No. 20693 OF 2025