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2025 DAILYLAW 29682 (AP)

AKULA SRINIVASA RAO v. THE UNION OF INDIA

WP/21644/2025 · 2025-08-13

Sumathi Jagadam

body2025

Judgment text

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APHC010425232025 IN THE HIGH COURT OF ANDHRA PRADESH 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: 21644 OF 2025 Between: ^kula Srinivasa Rao, S/o.Ganga Rao, Aged about 65 years, Occ: Business, R/o. 8-4-94/4, Tanuku Road, Juvvalapalem, Tadepalligudem, West Godavari District, Andhra Pradesh. ...PETITIONER AND /1. The Union of India, Ministry of External Affairs, Represented by its Principal Secretary South Block, New Delhi-110 001. 2. The Regional Passport Officer, Visakhapatnam, Andhra Pradesh. 3. The Tadepalligudem Rural (P.S), West Godavari District, Rep by its Station House Officer. / ...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 the 2'^^ Respondent in not renewing the passport of the Petitioner citing pendency of Crime.No. 103 of 2025 dated 23.06.2025 on the file of Tadepalligudem Godavari District, Andhra Pradesh as being illegal, arbitrary and contrary to I the provisions of the Passport Act, 1967 and the Passport Rules, 1980 and also in violation of Article 21 of the Constitution of India and Consequently direct the 2"^ Respondent to renew the passport of the Petitioner and further Rural P.S, West direct the Respondent No.2 herein to permit the petitioner to travel and pass such lA NO: 1 OF 2Q2fi 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 2""' Respondent to permit the Petitioner to abroad from 25.08.2025 to 11.10.2025 by renewing his passport and pass such Counsel for the Petitioner: SRI AJAY KUMAR KANAPARTHI Counsel for the Respondent Nos.1 & 2: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.3: GP FOR HOME The Court made the following order: abroad travel APHC010425232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 21644/2025 Between: 1.AKULA SRINIVASA RAO, S/0 GANGA RAO, AGED ABQUT 65 •YEARS, OCC BUSINESS, R/0 8-4-94/4, TANUKU ROAD, JUWALAPALEM, TADEPALLIGUDEM, WEST GODAVARI DISTRICT, and ANDHRA PRADESH. ...PETITIONER AND 1.THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS PRINCIPAL SECRETARY SOUTH BLOCK, NEW DELHI-110 001. 2.THE REGIONAL PASSPORT OFFICER, VISAKHAPATNAM, ANDHRA PRADESH.' . 3.THE TADEPALLIGUDEM RURAL P S, WEST GODAVARI DISTRICT, REP. BY ITS STATION HOUSE OFFICER. ...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 the 2nd Respondent in not renewing the passport of the Petitioner citing pendency of Crime.No. 103 of 2025 dated 23.06.2025 on the file of Tadepalligudem Rural P.S, West Godavari District, Andhra Pradesh as being illegal, arbitrary and contrary to 2 JS,J W.P.No 21644/2025 the provisions of the Passport Act, 1967 and the also in violation of Article 21 of the Constitution of India and Consequently direct the 2 direct the Respondent No.2 herein to and pass such lA NO: 1 OF 2Q2fi 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 2"^ Respondent to permit the Petitioner to travel abroad from 25.08.2025 to 11.10.2025 by renewing his passport and pass such ^ Counsel for the Petitioner: 1.AJAY KUMAR KANAPARTHI Counsel for the Respondent(S): Passport Rules, 1980 and Respondent to renew the nd passport of the Petitioner and further permit the petitioner to travel abroad 1. The Court made the following 3 JS,J W.P.No.21644/2025 ORDER: The 2"^^ respondent issued passport bearing No.N3042453 to the petitioner on 15.09.2015 which,is valid for a period often years and the said passport expired on 14.09.2025. The petitioner has made an application to the 2'^^ respondent for renewal of passport by paying requisite fee vide file No.VS4075205833225. Thereafter, the 3'"^ respondent - police Station has registered suo moto complaint vide FIR No. 103 of 2025, dated 23.06.2025, against the petitioner for the offences punishable under Section 3 and 4 of Andhra Pradesh Gaming Act, 1974. 2. Learned counsel for the petitioner submits that the 3^^^ respondent has filed charge sheet on 11.07.2025. At para No. 18 of the charge sheet, it is stated that the charges against the petitioner are not proved. Learned counsel further submits that though charge sheet is filed, cognizance is not yet taken and sought renewal of the petitioner’s passport. 3. Learned Assistant Government Pleader for Home appearing for the 3'^'^ respondent submits that though charge sheet is filed, cognizance is not yet taken. 4. In the charge sheet it was clearly stated that the allegations against • the petitioner are not proved and the matter is still under FIR stage. 5. In view of the submissions made by the learned counsel for the petitioner and learned Assistant Government Pleader, this Court feels it appropriate to dispose of the writ petition, by directing the respondents to renew the passport of the petitioner forthwith without reference to Crime No. 103 of 2025. 4 JS,J W,P,No.21644/2025 6. Accordingly, the Writ Petition is disposed of, at the stage of admission. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTTQN-OFFICER To, 1. The Principal Secretary, Union of India, Ministry of External Affairs, South Block, New Delhi-110 001. 2. The Regional Passport Officer, Visakhapatnam, Andhra Pradesh. 3. The Station House Officer, Tadepalligudem Rural (P.S), West Godavari District. One CC to Sri Ajay Kumar Kanaparthi, Advocate [OPUC] -5. One CC to O/o. Additional Solicitor General of India, High Court of Andhra Pradesh. [OPUC] 6r''i^o CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies. ssb / HIGH COURT DATED:14/08/2025 i iJAmm ORDER WP No. 21644 OF 2025 3t-* Currant Saction DISPOSING THE WRIT PETITION WITHOUT COSTS