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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) / THURSDAY, THE THIRTEENTH DAY OF FEBRUARY f S TWO THOUSAND AND TWENTY FIVE O PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2446 OF 2025 Between: Ravi Kiran Putti, S/o. Anjaneyulu, aged about 45 Years, R/o. Flat No.502, 5th Floor, Nivas Enclave, Sriram Nagar, Inner Circle, Guntur-522034, Andhra Pradesh ...PETITIONER AND
1. Union of India, Ministry of external affairs, represented by its Principal Secretary, South block. New Delhi - 110 001. Passport Authority of India, Represented by its Chief Passport Officer, PSP Division, Ministry of External Affairs, Room No.8, Patiala House, Tilak Marg, New Delhi - 110 001. Regional Passport Office, Rep. by its Regional Passport Officer, 4th floor, Stalin Central, D.No. 27-37-158, Governorpet, M.G. Road, Vijayawada- 520002
2. 3. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.3 in renewing the passport of the petitioner vide NO.C6779705 for a period of 1 (one) year instead of 10 (Ten) years illegal, arbitrary, contrary to the provisions of Passport Act 1967, judgments of the Hon’ble Supreme Court of India and Hon'ble High Court and as
consequently direct the respondents to renew the passport of the petitioner vide NO.C6779705 for a period of 10 (Ten) years and issue the same to the -petitioner. , 0:-1 OF 2025 Petition under Section 151 CPC is filed 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 renew the passport of the petitioner vide No.C6779705 for a period of 10 (Ten) years and issue the same to the petitioner forthwith, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI SHAIK MOHAMMED ISMAIL Counsel for the Respondents: SRI PASALA PONNA RAO (DEPUTY SOLICITOR GENERAL OF INDIA) The Court made the following: ORDER
1 # APHC010039752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2446/2025 Between: Ravi Kiran Putti ...PETITIONER AND Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.SHAIK MOHAMMED ISMAIL Counsel for the Respondent{S):
1. The Court made the following ORDER:-
1. This writ petition is filed under the article 226 of Constitution of India to declare the action of the respondent No.3 in renewing the passport of the petitioner vide No.C6779705 for a period of 1 (one year) instead of 10 (ten) years as illegal and arbitrary. 2. The case of the petitioner is that pursuant to the orders of this Court passed in W.P.No.24631 of 2024, dated 18.11.2024, respondent No.3 has
2 renewed the passport of the petitioner for a period of 1 (one) year instead of 10 (ten) years. Challenging the same the writ petition is instituted. No counter affidavit or instructions are placed on record by the learned
3. counsel appearing for respondents. The petitioner was initially issued passport on 07.05.2013 vide Passport
4. No. LI 275473. The said passport had expired on 06.05.2023. Thereafter, the petitioner applied for renewal of his passport before respondent No.3 vide Application/File No. VJ2075395790723, dated 02.03.2023, respondent No.3 issued a show cause notice, dated 09.06.2023 vide SCN/315002331/23, stating that there are several criminal cases registered against the petitioner. Challenging the show cause notice, the petitioner instituted W.P.No.24631 of
2024. 5. Vide
order dated 18.11.2024 in W.P.No.24631 of 2023, this Court allowed the writ petition, directing the respondents to consider the application of the petitioner without referring to the criminal cases and renew the passport to the petitioner. The respondent No.3 had renewed the passport of the petitioner for a period of 1 (one) year. As per Notification in GSR 570(E), Ministry of External Affairs, dated 25.08.1993, issued in exercise of the powers conferred by clause (a) of section 22 of the Passports Acts, 1967 Central Government exempted citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court
3 concerned permitting them to depart from India, the passport to be issued to every citizen shall be issued for the period specified in
order of the court referred above, if the court specifies a period for which the passport has to be issued. If no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one I year. In terms of the above clause in Notification GSR 570(E), dated
6. 25.08.1993, respondent No.3 renewed the passport for a period of one year, in the absence of specific mention about the period either for issue of the passport or for the travel abroad. Normally, in cases where the petitioner involved in crime and FIR is registered, this Court is ordering renewal of passport for a period of three (03) years and if any charge sheet is filed this Court, renewal of the passport is ordered for a period of 2 (two) years for securing the presence of the petitioner in case charge sheet and Calendar Case are pending before the trial Court. Hence, in the present facts of the case, since crime is registered and no charge sheet filed, this Court feels it appropriate to direct the respondent No.3 to renew the passport of the petitioner for a period of three (03) years. The other terms and conditions as stipulated in W.P.No.24631 of 2024, dated
7. 18.11.2024 remains unchanged.
T 4 Accordingly, with the directions of the above, this writ petition is
8.
disposed of.
9. Consequently, miscellaneous applications pending if any, shall stand closed.
Sd/-K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Union of India, South block. New Delhi - 110 001.
2. The Chief Passport Officer, Passport Authority of India, PSP Division Ministry of External Affairs, Room No.8, Patiala House, Tilak Marg, New Delhi- 110 001. ^
3. The Regional Passport Officer, Regional Passport Office, 4th floor Stalin Central, D.No. 27-37-158, Governorpet, M.G. Road, Vijayawada- 520002
4. One CC to Sri Shaik Mohammed Ismail Advocate [OPUC]
5. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India High Court of Andhra Pradesh. [OPUC]
6. Three CD Copies Ministry of external affairs. TF
w mmm HIGH COURT DATED:13/02/2025
ORDER X 2 1 MAR 2025 s ^ Current section WP.No.2446 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS