APHC010542572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28339/2025 Between: 1. VEDA NAGA VENKATA SURYA DATTU, ALIAS V.N.V. SURYA DATTU, S/O.VEDA VENKATA SATYA NARAYANA RAO AGED ABOUT 28 YEARS, OCC ADVOCATE, R/O D.NO. 76-15-6/1-L-GF1, FLAT LI, CALIBER UTSAV, BHAVANIPURAM, VIJAYAWADA, N.T.R DISTRICT 520012. ...PETITIONER AND 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, E-BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110001. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DIST.-522238. 3. THE REGIONAL PASSPORT OFFICER, O/O.REGIONAL PASSPORT OFFICE, 4TH FLOOR, STALIN CENTRAL, M.G.ROAD VIJAYAWADA, N.T.R. DIST.-520002. 4. THE STATION HOUSE OFFICER, BHAVANIPURAM POLICE STATION BHAVANIPURAM, VIJAYAWADA, N.T.R. DIST.-520012. 5. THE STATION HOUSE OFFICER, JAGGAYYAPET POLICE STATION JAGGAYYAPET TOWN AND MANDAL, N.T.R. DIST.-521175. ...RESPONDENT(S): 2 JS,J W.P.No.28339/2025 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 actions of respondents more particularly Respondent No.3 in not issuing passport to petitioner vide application No.25- 1055682395A/J2075608834925 dt.03/07/2025 despite submitting detailed representation dt. 15/09/2025 through speed post EN283536775IN is illegal, irregular, irrational, in violations of principles of natural justice, in violations of passports act, 1967 and rules framed there under and offends Articles 14, 19 and 21 of the constitution of India and consequently direct respondents more particularly Respondent No.3 (the regional passport officer) to consider my application No.25-1055682395A/J2075608834925 dt. 03/07/2025 and further direct to issue passport for full period 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 petitioner prayed that this Hon’ble Court direct respondents more particularly Respondent No.3 (the regional passport officer) to consider my application No.25-1055682395/VJ 2075608834925 dt.03/07/2025 and further direct to issue passport for full period and pass Counsel for the Petitioner: 1. TURAGA SAI SURYA Counsel for the Respondent(S): 1. THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT 2. GP FOR HOME The Court made the following: 3 JS,J W.P.No.28339/2025 ORDER: Heard Sri Sai Surya Turaga, learned counsel for the petitioner, and Sri Ajay, learned Assistant Government Pleader for Home, appearing for respondents 4 and 5. 2. The 2nd respondent authorities initially issued a passport to the petitioner on 17.02.2015, which expired on 16.02.2025. The writ petitioner filed W.P.No.23379 of 2024 for non-renewal of the passport. Pursuant to the order, dated 24.10.2024, passed in W.P.No.23379 of 2024, the 2nd respondent issued a passport on 28.11.2024, which expires on 27.11.2025. The petitioner has submitted a fresh application seeking a direction from the 3rd respondent to issue a passport valid for 10 years in terms of Rule 12 of the Passport Rules, 1980. 3. Learned counsel for the petitioner submits that the petitioner obtained an interim stay of all further proceedings on 20.03.2024 in Crl.P. No.1908 of 2024, in which the charge sheet vide C.C. No.498 of 2023 was challenged, and on 11.07.2025 in Crl.P. No.7130 of 2025, wherein FIR No.149 of 2025 was questioned. 4. Learned counsel further relied on the following decisions of the Hon’ble Apex Court: i. In Maneka Gandhi v. Union of India1, it is observed that the right to travel abroad is a part of personal liberty and the right to possess a passport, etc., can only be curtailed following law and not on the subjective satisfaction of anyone. ii. In Sumit Mehta v. State of NCT of Delhi2, it is observed that the law presumes an accused to be innocent till his guilt is proved. As apresumption, the right to travel abroad is part of personal liberty and 1(1978) 1 SCC 248 22013 (15) SCC page 570 4 JS,J W.P.No.28339/2025 cannot be deprived except in accordance with the procedure established by law, as per Article 21 of the Constitution of India. iii. In Satish Chandra Verma v. Union of India and Others 3 , it is observed that the right to travel abroad is an important basic human right for it nourishes the independent and self-determining creative character of the individual, not only by extending his freedoms of action, but also by extending the scope of his experience. The right also extends to private life — marriage, family, and friendship — which are fundamental human rights that can be affected by the refusal to grant freedom to go abroad; this freedom is a genuine human right. 5. Learned counsel for the petitioner further contends that, by virtue of pending litigation, his rights to travel abroad should not be curtailed, and seeks a direction from this Court to reconsider his passport application dated 03.07.2025, taking into account his detailed representations dated 15.09.2025 and 26.09.2025. 6. Sri Ajay, learned Assistant Government Pleader for Home, on instructions, submits that the respondents have not considered the petitioner’s applications in view of the pending criminal cases. 7. Perused the record. 8. Since the matters are sub judice before this Court and the respondents have not taken any steps to seek the vacation of the interim orders passed by this Court, this Court considers it appropriate to dispose of the Writ Petition by directing the respondents to consider the representations made by the petitioner on 15.09.2025 and 26.09.2025 in accordance with Rule 12 of the Passport Rules, 1980 before proceeding with application No.VJ2075608834925, dated 03.07.2025, for the issuance of a passport to the petitioner. 32019 SCC Online SC 2048 5 JS,J W.P.No.28339/2025 9. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 17.10.2025 KAS 6 JS,J W.P.No.28339/2025 209 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28339/2025 Dated: 17.10.2025 KAS