Extracted from the PDF above. The PDF is authoritative.
APHC010477462024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24686/2024 Between:
1. BOREDDY RAMCHANDRAIAH, S/O LATE SUBBA REDDY, AGED ABOUT 58 YEARS, TUTOR IN FM DEPARTMENT, RAJIV GANDHI INSTITUTE OF MEDICAL SCIENCE (RIMS), GENERAL HOSPITAL, KADAPA, R/O D.NO.1/334-4, MARUTHI NAGAR, KADAPA TOWN, Y.S.R. KADAPA DISTRICT. ...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,
SECRETARIAT BUILDING,
VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP. BY THE SECRETARY, 23D JANPATH ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI, INDIA. 3. THE REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN CENTRAL, D. NO.27-37-158, GOVERNORPET, M.G. ROAD, VIJAYAWADA-520 002, N.T.R. DISTRICT. 4. THE INSPECTOR OF POLICE, ANTI-CORRUPTION BUREAU, KADAPA, Y.S.R. KADAPA DISTRICT, TIRUPATI RANGE.
...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 tomay be pleased to issue a Writ Order or direction more particularly
2 SRS, J W.P.No.24686 of 2024
one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd Respondent in not considering the Petitioners Passport renewal application, vide application No.VJ4076215592724 dt.01- 02-2024 due to pending of one criminal case as highly illegal, arbitrary, unjust, improper, contrary to the law and against the principles of natural justice, violation of fundamental rights guaranteed under Article 14, 19, 21 of Constitution of India and also against the Passport Act Rules therein and consequently direct the 3rd Respondent to renew the Petitioners Passport bearing No.L8219363 as per the judgment rendered by this Honble Court in W.P.No.7714/2022, W.P.No.1392/2023 and batch, W.P.No.9356/2023, W.P. No. 10166/2024 and pass IA NO: 1 OF 2024 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 pass Interim order directing the 3rd Respondent to consider the Petitioners Passport renewal application, vide application No.VJ4076215592724 dt.01- 02-2024 for renewal of my Passport bearing No.L8219363 until disposal of the main Writ Petition 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 grant leave to the petitioner herein and Respondent No. 4 in W.P.No. 24686 of 2024 to submit counter affidavit in the above writ petition and pass Counsel for the Petitioner:
1. A SYAM SUNDAR REDDY Counsel for the Respondent(S):
1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB
2.
GP FOR HOME
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The Court made the following order:
Heard Sri M. Chiranjeevi Babu, learned counsel representing Sri A. Syam Sundar Reddy, learned counsel for the petitioner, Sri Ajay, learned Assistant Government Pleader for Home appearing for the 1st respondent, learned Deputy Solicitor General, appearing for respondents 2 & 3 and Sri S. Syam Sunder Rao, learned Standing Counsel appearing for the 4th respondent. 2. The petitioner made an application before the 3rd respondent for the issuance of a passport, vide Application No.VJ4076215592724, dated
01.02.2024. A short-fall notice dated 12.03.2024 was issued to the petitioner due to an adverse police verification report (Ex.P-4). The petitioner submitted his explanation on 03.04.2024 (Ex.P-5). 3.
Learned counsel for the petitioner would submit that despite the explanation, the 3rd respondent did not process the application. He would also submit that mere pendency of a criminal case does not impede the issuance of a passport.
4. The learned Standing counsel appearing for the 4th respondent would submit that C.C.No.85 of 2013, on the file of the learned Special Judge for Trial of SPE & ACB Cases, Kurnool, is pending against the petitioner and the said case is coming up for trial. Learned counsel would submit that the petitioner has to approach the jurisdictional court and make an application.
5. In reply, the learned counsel for the petitioner would submit that the petitioner will make an application before the learned jurisdictional Magistrate.
6. Given the facts and circumstances of the case, the writ petition is
disposed of at the admission stage, with the consent of learned counsel on either side, giving liberty to the petitioner to approach the learned Special Judge for Trial of SPE & ACB Cases, Kurnool, where C.C.No.85 of 2013 is
4 SRS, J W.P.No.24686 of 2024
pending and make an application. If such an application is made, the learned Special Judge for Trial of SPE & ACB Cases, Kurnool, shall consider the same and pass appropriate orders regarding the renewal/issuing passport to the petitioner. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
_______________________________
SUBBA REDDY SATTI, J
Dated 11.07.2025
MJA
5 SRS, J W.P.No.24686 of 2024
285 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 24686 of 2024
Dated 11.07.2025 MJA