Extracted from the PDF above. The PDF is authoritative.
APHC010474922025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 24958/2025 Between:
1. B VENUGOPAL REDDY, S/O NAGESWARA REDDY, PATHAKOTA (E.A) PAGIDALA MANDAL, KURNOOL DISTRICT.
...PETITIONER AND
1. THE UNION OF INDIA, REP. BY ITS SECRETARY (CPV AND OVERSEAS INDIAN AFFAIRS) MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI.
2. THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN CENTRAL, D.NO.27- 37-158 M.G. ROAD, VIJAYAWADA.
3. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS AMARAVATHI, ANDHRA PRADESH
4. THE STATION HOUSE OFFICER, PUTTUR URBAN PS, PUTTUR, TIRUPATHI DISTRICT, ANDHRA PRADESH
...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 more particularly in the form of Writ of Mandamus declaring the inaction of the respondents in issuing the passport to the petitioner pursuant to his application vide Application No.VJC067581687125 dated 01.05.2025 under the guise of pendency of
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a criminal case as per se illegal, unreasonable, irrational, unconstitutional besides being violative of Principles of Natural Justice besides being opposed to the very spirit and object of Justice and Fair- play and Fundamental Rights guaranteed under Article 14, 19 and 21 of the Constitution of India and to consequentially direct the respondents to issue a fresh passport with a validity of 10 years to the petitioner without reference to the said case and to 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 respondents to positively consider her application vide VJC067581687125 dated 01.05.2025 for issuance of a passport without reference to pending case, pending disposal of the writ petition and pass Counsel for the Petitioner:
1. VMR LEGAL Counsel for the Respondent(S):
1. GP FOR HOME
2. The Court made the following:
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ORDER:
The present writ petition is filed under Article 226 of Constitution of India seeking the following relief:
“…to issue a writ more particularly in the form of Writ of Mandamus declaring the inaction of the respondents in issuing the passport to the petitioner pursuant to his application vide Application No.VJC067581687125 dated 01.05.2025 under the guise of pendency of a criminal case as per se illegal, unreasonable, irrational, unconstitutional besides being violative of Principles of Natural Justice besides being opposed to the very spirit and object of Justice and Fair- play and Fundamental Rights guaranteed under Article 14, 19 and 21 of the Constitution of India and to consequentially direct the respondents to issue a fresh passport with a validity of 10 years to the petitioner without reference to the said case and to pass…”
2. The petitioner’s children are studying in the United States of America. The application No.VJC067581687125, made by the petitioner on 01.05.2025, for renewal of passport was kept pending on the ground that C.C. No.1189 of 2018 on the file of the I Additional Judicial Magistrate of I Class, Ananthapuramu, is pending against the petitioner.
3.
Learned counsel for the petitioner submits that the mere pendency of criminal cases is not a valid ground to deny the issuance of a passport, and he relies on the order passed by this Court in W.P.No.19245 of 2025.
4. On the other hand, the learned Assistant Government Pleader for Home submits that the learned I Additional Judicial Magistrate of I Class, Ananthapuramu, took cognizance of the case in C.C.No.1189 of 2018.
5. The learned counsel for the petitioner, in reply, submitted that liberty may be granted to the petitioner to approach the jurisdictional Court.
6. Given the facts and circumstances of the case, the Writ Petition is
disposed of, directing the petitioner to approach the jurisdictional Court and file an application. Upon filing such an application, the jurisdictional Court
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shall pass an appropriate order specifying the period, in accordance with 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: 16.09.2025 KAS