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High Court of Andhra Pradesh · body

2025 DAILYLAW 29890 (AP)

Ms. Rajavi Bawapuram, v. The Union of India,

WP/22343/2025 · 2025-09-22

Sumathi Jagadam

body2025

Judgment text

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APHC010429242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 22343/2025 Between: 1. MS. RAJAVI BAWAPURAM,, AGED 43 YEARS, D/O. B. VENUGOPAL, H.NO.L 1-15-240, STREET NO.4A JINAKALA BAVI, NEAR GANESH MANDAPAM, SAROOR NAGAR, RACHAKONDA, RANGAREDDY DISTRICT, TELANGANA - 500035. ...PETITIONER AND 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, JAISALMER HOUSE, MANSINGH ROAD NEW DELHI. 2. THE PASSPORT OFFICE, REP BY ITSREGIONAL PASSPORT OFFICE, 73, RED CROSS ROAD, SHIVAJI NAGAR, SECUNDERABAD -500003 TELANGANA. ...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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of 2nd Respondent in failing to issue fresh passport bearing No.AE284804 belonging to the Petitioner herein for a period of Ten years, for which she is eligible as directed by the learned 1st Additional Judicial Magistrate of First Class at Kurnool in Crl.M.P.No.1861 /2025 vide order dated 15.07.2025 and as per Rule 12(1) of the Passport Rules, 1980 illegal, arbitrary and to Consequently direct the 2nd JS, J W.P.No.22343/2025 2 Respondent to extend the Validity period of the New Passport for a further period of 9 years, i.e until 05.08.2035 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 to direct the 2nd Respondent to extend the Validity period of the New Passport for a further period of 9 years, i.e until 05.08.2035 and Pass IA NO: 2 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 permit the Petitioner to amend the cause title of the Writ Petition in Annexure page as “Union of India and others.”and pass Counsel for the Petitioner: 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1. VENKATESWARLU GUNDUBOINA (CENTRAL GOVT COUNSEL) The Court made the following: JS, J W.P.No.22343/2025 3 ORDER: The present Writ Petition is filed by the petitioner under Article 226 of the Constitution of India for the following relief: “…to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2nd respondent in failing to issue fresh passport bearing No.AE284804 belonging to the petitioner herein for a period of ten years, for which she is eligible as directed by the learned First Additional Judicial Magistrate at Kurnool in Crl.M.P.No.1861 of 2025 vide order dated 15.07.2025 and as per Rule 12(1) of the Passport Rules, 1980 as illegal, arbitrary and to consequently direct the 2nd respondent to extend the validity period of the New Passport for a further period of 9 years i.e., until 05.08.2035 and pass...” (in verbatim) 2. Heard Sri Ashok Srivastava, learned counsel for the petitioner, and Sri G. Venkateswarlu, learned Standing Counsel for the Central Government, appearing for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is listed as Accused No. 4 in FIR No. 141 of 2024 on the file of the Mahila Urban Police Station, Kurnool. The petitioner’s sister-in-law lodged the complaint. Subsequently, the police submitted a charge sheet in the case, which was registered as C.C. No. 2726 of 2024 before the Court of the Additional Judicial Magistrate of First Class, Kurnool. JS, J W.P.No.22343/2025 4 4. Learned counsel further submits that the petitioner has filed Criminal Petition No. 4822 of 2025 before this Court. By order dated 05.05.2025, this Court granted an interim stay of all further proceedings in C.C. No. 2726 of 2024, insofar as the petitioner is concerned. 5. It is further submitted that the petitioner has been residing in the United States since 2014 and is currently employed as a Software Engineer in Texas, United States of America. On 24.04.2025, the petitioner made an application for the re-issuance/renewal of her passport vide Application Reference No. HY1067322980925, before the 2nd respondent. However, the 2nd respondent objected to reissuing or renewing the passport due to the pending criminal case, prompting the petitioner to approach this Court by way of the present Writ Petition. 6. Sri G. Venkateswarlu, learned Standing Counsel for the Central Government, appearing for the respondents, on written instructions, states that the passport authorities are prepared to issue the passport to the petitioner, subject to her submitting a fresh application. 7. Learned counsel for the petitioner submits that the petitioner is willing to submit a fresh application before the respondent authorities and requests the Court to pass appropriate orders. JS, J W.P.No.22343/2025 5 8. In view of the consent expressed by both the learned counsel, this Court deems it appropriate to dispose of the Writ Petition with the following directions: i) The petitioner shall submit a fresh application for re- issuance/renewal of passport before the respondent authorities within a period of one (1) week from today. ii) Upon receipt of such application, the respondent authorities shall consider the same and pass appropriate orders within a period of two (2) weeks from the date of receipt of the application. 9. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM 23rd September, 2025. cbn JS, J W.P.No.22343/2025 6 130 THE HON’BLE SMT. JUSTICE SUMATHI JAGADAM W.P.No.22343 of 2025 23rd September, 2025 cbn