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2025 DAILYLAW 46739 (AP)

KOPPARLA DIWAKAR v. THE UNION OF INDIA

WP/11669/2025 · 2025-05-04

Subba Reddy Satti

body2025

Judgment text

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y IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11669 OF 2025 Between: Kopparla Diwakar, S/o K.G. Damodaram, Age 63 years, R/o D.No. 990 Balaji Nagar, Tirumala Tirupati Urban Mandal, Tirupati District, Andhra Pradesh. ...Petitioner AND 1. The Union of India, Rep. by its Secretary, Ministry of External Affairs Central Secretariate, New Delhi. 2. The Regional Pass Port Officer, Regional Pass Port Office, Vijayawada, Krishna 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 order direction more particularly one the in the nature of writ of MANDAMUS to declare the action of the Respondents in not considering the application for issuance of Pass Port in favour of the Petitioner as illegal arbirary and contrary to the provisions of the Pass Port I Act, 1967 and consequently direct the Respondent to complete the process of the application filed by the Petitioner for issuance of Pass Port in favor of the Petitioner by considering the application submitted by the Petitioner on 21.04.2025 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 Respondents to consider the application dated 21.04.2025 submitted by the Petitioner for issuance of Pass Port in favor of the Petitioner pending disposal of the above writ petition. Counsel for the Petitioner: SRI P R K AMERANDRA KUMAR Counsel for the Respondent Nos.1 & 2: SMT. M. UMA DEVI The Court made the following: APHC010232052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDf SATTI WRIT PETITION NO: 11669/2025 Between: Kopparla Diwakar ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): '1. The Court made the following ORDER: Heard Sri P R K Amarendra Kumar, learned counsel for the petitioner and Smt.M.Uma Devi, learned counsel for respondents 1 & 2. The grievance of the petitioner is that the 2"^^ respondent has not considered the application vide Reference No.VJ 1067565021325 dated 21.03.2025 made by the petitioner for issuance/renewal of his passport. Learned counsel for the petitioner would submit that the 2^^ respondent has not issued a passport, in pursuance of the application made by the petitioner. 2. 3. 2 4. At the hearing, learned counsel for the petitioner case would submit that a in Crime No. 10/2020 of Tirupati (East) Police Station was registered against the petitioner and others for the offences punishable under Sections 420, 323, 506 r/w 34 of IPC and Sections 3(1)(r), 3(1 )(s) of SCs & STs (POA) Act. Learned counsel would submit that the police filed a final report before the IV Additional District & Sessions Judge, Tirupati, and the same is numbered as Spl.S.C.No. 13/2020. The jurisdictional Court has cognizance, and the sessions case is coming up for trial. taken 5. Learned counsel appearing for the respondents would submit that since the jurisdictional Court has taken cognizance, the petitioner has to approach the jurisdictional Court and make an application. 6. In reply, learned counsel for the petitioner would submit that the petitioner will approach the jurisdictional Court and file an application. 7. Given the facts and circumstances, the writ petition is disposed of, giving liberty to the petitioner to approach the jurisdictional Additional District & Sessions Court, Tirupati and file Spl.S.C.No. 13/2020. If such learned jurisdictional court shall consider and court i.e. IV an application in an application is filed by the petitioner, the pass appropriate orders, if necessary, by mentioning the period, keeping in view Rule 12 of the Passport Rules 1980. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/-A. VENUGOPALRAO ASSISTANT REGISTRAR / SECTION OFFICER 1. The Secretary, Union of India, Ministry of External Affairs, Central Secretariate, New Delhi. 2. The Regional Pass Port Officer, Regional Pass Port Krishna District 3. One CC to SRI. P R K AMERANDRA KUMAR, Advocate [OPUC] 4. One CC to SMT. M. UMA DEVI, Advocate [OPUC] 5. Three CD Copies //TRUE COPY// To, Office, Vijayawada, sree HIGH COURT DATED:05/05/2025 ORDER WP.No.11669 of 2025 ^ 19 SEP 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS