I I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4672 OF 2025 Between: Narisetty Venkata Sivannarayana, S/o. Venkateswarlu, aged about 50 years D.N0.7-455/R25, Markendeya Colony, Mangaiagiri, Guntur - 522503. ...Petitioner AND 1. The Union of India, Ministry of External Affairs Rep. by its Secretary, New Delhi. 2. The Regional Passport Officer, Head Post Office, D.No. 4-5-67/3, Near BSNL Office, Chanra Mouli Nagar, Lane, Koretepadu Guntur District. 3. The Regional Passport Officer, 4th floor, Stalin Central, Anjanel, Governor Peta, Vijayawada. Marripalem VUDA layout, NAD post, N.H-5 Main road, Visakhapatnarn. 4. The Station House Officer, Mangalgiri PS, Mangalgiri, Guntur 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 be pleased to issue a writ, order, or direction in the nature of a writ of mandamus, declaring the action of the Respondents in refusing to reissue my passport bearing No. K4734725 pursuant to my application for re may issuance under File No. VJ9075372805123 (Application Reference No. 1005024071) dated 17.05.2023. solely on the ground of a pending criminal as illegal, arbitrary, unjust, unreasonable, and violative of Articles 19, and 21 of the Constitution of India, as well as the provisions of the Passport Act, 1967 and Consequently, direct the Respondents my passport. 23- case, 14. to reissue 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 reissue the passport bearing No. K4734725 in pursuance of his application for reissuing of passport vide file No. VJ9075372805123, (Application reference No.23-1005024071) 17.05.2023 pending disposal of WP.No of 2025 before this Counsel for the Petitioner: SRI. T NAGARJUNA REDDY Counsel for the Respondent Nos 1 to 3: SRI PAMARTHI KAMESWARA RAO SC FOR CENTRAL. GOVT. Counsel for the Respondent No.4: GP FOR HOME The Court made the following order: dated Honble Court. APHC010090302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4672/2025 Between; 1.NARISETTY VENKATA SIVANNARAYANA,, S/0. VENKATESWARLU, AGED ABOUT 50 YEARS D.N0.7-455/R25, MARKENDEYA COLONY, MANGAIAGIRI, GUNTUR - 522503. ...PETITIONER AND 1.THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS REP. BY ITS SECRETARY, NEW DELHI. 2.THE REGIONAL PASSPORT OFFICER, HEAD POST OFFICE, D.NO. NEAR BSNL OFFICE, CHANRA MOULI NAGAR, LANE, 4-5-67/3, KORETEPADU GUNTUR DISTRICT. FLOOR, STALIN VIJAYAWADA. N.H-5 MAIN ROAD, 3.THE REGIONAL PASSPORT OFFICER, 4TH GOVERNOR PETA, CENTRAL, ANJANEL, MARRIPALEM VUDA LAYOUT, NAD POST, VISAKHAPATNARN. 4.THE STATION HOUSE OFFICER, MANGALGIRI PS, MANGALGIRI GUNTUR DISTRICT. ...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 to may be pleased to issue a writ, order, or direction in the nature of a 'writ of mandamus, declaring the action of the Respondents in refusing to reissue my passport bearing No. K4734725 pursuant to my application for re- 2 issuance under File No. VJ9075372805123 (Application Reference No. 23- 1005024071) dated 17.D5.2023. solely on the ground of a pending criminal case, as illegal, arbitrary, unjust, unreasonable, and violative of Articles 14. 19, and 21 of the Constitution of India, as well as the provisions of the Passport Act, 1967 and Consequently, direct the Respondents to reissue my passport forthwith and Pass 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 may be pleased to direct the Respondents to reissue the passport bearing No. K4734725 in pursuance of his application for reissuing of passport vide file No. VJ9075372805123, (Application reference No.23-100502407 1) dated 17.05.2023 pending disposal of WP.No of 2025 before this Honble Court. Counsel for the Petitioner: 1.T NAGARJUNA REDDY Counsel for the Respondent(S): 1.GP FOR HOME 2.PAMARTHI KAMESWARA RAO SC FOR CENTRAL. GOVT. The Court made the following; ::ORDER:: Heard Sri Sai Sri Sanjay, learned counsel representing Sri T.Nagarjuna Reddy, learned counsel for the petitioner; Sri P.Kamesvara Rao, learned Standing counsel appearing for respondents 1 to 3 and Sri Ajay, learned Assistant Government Pleader for Home appearing for the 4**^ respondent. The above writ petition is filed in not reissuing the passport to the petitioner on the ground that the criminal case is pending against him illegal, arbitrary and in violation of Articles 14, 19 and 21 of the Constitution of India. 2. as '■s. 3 Learned counsel for the petitioner would submit that the petitioner applied for a passport and the same was granted vide passport No.K4734725 on 08.08.2012, valid for ten years. Thereafter, the petitioner submitted an application for reissuance on 17.05.2023 vide file No.VJ9075372805123 (Application Reference No.22-1005024071). A show cause notice dated 01.06.2023 (Ex.P4) was issued to the petitioner calling upon him to submit an explanation. The petitioner submitted an explanation dated 17.06.2023 (EX.P5). 3. Learned counsel for the petitioner would submit that a case in Crime No.333 of 2019 dated 15.08.2019, Mangalgiri Rural Police Station for the offences under Sections 406 and 420 of IPC r/w Section 34 I PC was registered against the petitioner and others. Later, the police filed a charge sheet on the file of Additional Junior Civil Judge, Mangalagiri and the same was numbered vide C.C.No.547 of 2023. Petitioner filed Crl.P.No.9105 of 2023, challenging the proceedings in C.C.No.547 of 2023. The interim stay was granted on 23.11.2023 in I.A.No.1 of 2023 in Crl.P.No.9105 of 2023 and the same is subsisting as of today. Learned counsel would further submit that despite the stay in Crl.P.No.9105 of 2023 concerning the C.C.No.547 of 2023, the 3^^ respondent has not been reissuing passport. 4. Learned Standing counsel appearing for respondents 1 to 3, on instructions would submit that the 2^^ respondent once again issued a show cause notice on 04.01.2025 directing the petitioner to submit an explanation within thirty days except on Wednesday. The petitioner has not submitted any explanation. If the petitioner submits a proper explanation, the same will be considered by the authority and, pass appropriate orders. 5. \ In reply, learned counsel for the petitioner would submit that the petitioner orally attended before the 2”^^ respondent and explained. However, learned counsel for the petitioner would submit that the petitioner submit written explanation immediately. 6. 4 Thus, as seen from the material available on record, there is no dispute regarding the petitioner’s applying for reissuance of passport Ex.P1: issuance notice dated 01.06.2023 (Ex.P4) and the explanation submitted 8. of show cause by the petitioner on 17.06.2023 (Ex.P5). Regarding the criminal case vide C.C.No.547 of 2023, wherein the petitioner was arrayed as accused No.4, the petitioner filed Crl.P.No.9105 of 2023 and the Co-ordinate Bench of this Court granted an interim stay. The 2 respondent again issued another show cause notice dated 04.01.2025 calling upon the petitioner to submit an explanation. The submission of the learned counsel for the petitioner is that the petitioner will submit an explanation immediately is noted. 9. nd 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 submit an explanation to the show notice dated 04.01.2025 by annexing all the relevant documents. 10. cause Respondents 2 and 3 shall consider reissuance of passport to the petitioner keeping in view of the judgment in Dangeti Veera Venkata Satya Prasad vs. The Union of India and others in W.A.No.383 of 2024 dated 29.10.2024; in Maneka Gandhi vs. Union Of India^ and Ganni Bhaskara Rao vs. The Of India and another^ and pass appropriate orders within two (02) Union weeks. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ^ 1978 AIR 597 2 (2022) 3 ALD 459 Sd/- K. TATA R.AO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Secretary, Union of India, Ministry of External Affairs New Delhi. 2. The Regional Passport Officer, Head Post Office, D.No. 4-5-67/3, Near BSNL Office, Chanra Mouli Nagar, Lane, Koretepadu Guntur District. 3. The Regional Passport Officer, 4th floor, Stalin Central, Anjanel, Governor Peta, Vijayawada. Marripalem VUDA layout, NAD post, N.H-5 Main road, Visakhapatnarn. 4. The Station House Officer, Mangalgiri PS, Mangalgiri, Guntur District. 5. OneCCto Sri. T Nagarjuna Reddy Advocate [OPUC] 6. One CC to Sri. Pamarthi Kameswara Rao SC for Central Govt. [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies 9. GSC HIGH COURT DATED:10/03/2025 ORDER WP.No.4672 of 2025 X* j I 2()« g ^ Current Section DISPOSING OF THE WP WITHOUT COSTS