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2025 DAILYLAW 45831 (AP)

TATAPUDI HARI KRISHNA v. THE UNION GOVERNMENT OF INDIA

WP/11723/2025 · 2025-05-04

Subba Reddy Satti

body2025

Judgment text

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f - V IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY JHE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11723 OF 2025 Between: Tatapudi Hari Krishna, S/o Cotton Tatapudi, Age 39 yrs, Occ: Bussiness D.No 7-43, Kateru Road, Kontamuru, Ramalayam Center Rajahmundry, East Godavari District - 533102 R/o ...Petitioner AND 1. The Union Government of India, Rep. by its Principal Secretary, Ministry of External Affairs, South Block Secretariat, Raisina Hill, New Delhi. 2. The Regional Passport Office, Near P.F. Office, Besides Rythu Bazar, Marripalem, VUDA Layout, NAD Post, Visakhapatnam 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 an appropriate writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 2 nd respondent in not issuing passport of the petitioner. NO.VS4066887707324 dt 28-08-2024 vide file as illegal, arbitrary and consequentially direct the 2^*^ respondent to complete the process and renew the passport after complying with requirements if any as required by the respondent in accordance with law. 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 nd respondent to consider the petitioners passport application vide file No. VS4066887707324 dt 28-08-2024 in accordance with law as expeditiously as possible, pending disposal of the above writ petition. Counsel for the Petitioner: SMT. VASAVI RATNA KUMARI DANDAMUDI Counsel for the Respondents: SMT. M. UMADEVI The Court made the following: APHC010234172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY JHE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11723/2025 Between: Tatapudi Hari Krishna ...PETITIONER AND The Union Government Of India and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.VASAVI RATNA KUMARI DANDAMUDI Counsel for the Respondent{S): 1. The Court made the following ORDER: -Heard Smt.D.Vasavi Ratna Kumari, learned counsel for the petitioner and Smt M.Umadevi, learned counsel for the respondents. 2. The grievance of the petitioner is that the petitioner made an application for the issuance of a passport vide File No.VS4066887707324 dated 28.08.2024 (Ex.P.2), however, the authority, 2"^^ respondent, without issuing the passport, issued a shortfall notice due to an adverse police verification report dated 10.01.2025 calling the petitioner to submit an explanation. 3. Learned counsel for the petitioner would submit that mere pendency of a criminal case is not a ground for not issuing/renewal of a passport. 2 4. Learned standing counsel would submit that the criminal case vide C.C.No.6791 of 2021 against the petitioner is. pending on the file of the Judicial Magistrate of First Class, special Mobile Court at Nellore. The petitioner is shown as Accused No.1 in the said criminal case, and the criminat case is coming up for trial. Learned standing counsel would further subm.i that the petitioner has to approach the jurisdictional Court and make an application. 5. In reply, learned counsel for the petitioner would submit that the petitioner will approach the jurisdictional Court and make an application. Given the facts and circumstances, the writ petition is disposed of giving liberty to the petitioner to approach the jurisdictional court i.e. Judicial Magistrate of First Class, special Mobile Court at Nellore, and make an application in C.C.No.6791 of 2021. If such an application is filed by the petitioner, the learned jurisdictional court shall consider and pass appropriate orders, specifying the period, keeping in view Rule 12 of the Passport Rules 1980. No order as to costs. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGiSl .>AR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, Union Government of India, Ministry of External Affairs, South Block Secretariat, Raisina Hill, New Delhi. 2. The Regional Passport Office, Near P.F. Office, Besides Rythu Bazar, Marripalem, VUDA Layout, NAD Post, Visakhapatnam District 3. One CC to Smt. Vasavi Ratna Kumari Dandamudi, Advocate [OPUC] 4. One CC to Smt. M. Umadevi, Advocate [OPUC] 5. Three CD Copies sree HIGH COURT DATED:05/05/2025 ORDER WP.No.11723 of 2025 % . YCj o\, S 3 (I JUN 2025 . "’ll ^J) vae- DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS