JUDGMENT :

1. This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“To issue Writ of Mandamus directing the Respondent – Passport Authority to expedite the decision pertaining to the pending passport application bearing Application No.VJ2074305207722 dated 14.06.2022 of the petitioner as early as possible not exceeding a period of two weeks from the date of the order of this Hon’ble Court as any contrary would be violative of Articles 19 and 21 of the Constitution of India.”

2. A counter affidavit has been filed on behalf of the respondent.

3. Heard Sri Umesh Chandra P.V.G, learned counsel for the petitioner and Ms. Alekhya Tadasina, learned counsel for the respondent and perused the record.

4. Learned counsel for the petitioner submits that, the petitioner is an authorized Licensed Airline Pilot (Commander) and licensed by Directorate General of Civil Aviation (DGCA). The petitioner started his airline career with Trujet airlines from December, 2014 to July, 2020. One of his primary responsibilities includes flying the aircrafts as per the Roster and this job is the only livelihood option for him.

5. Learned counsel submits that, one of the important documents that the petitioner shall carry on board other than his licenses is an original valid passport and he needs to submit these documents in original to Flight Operations Inspector (FOI) of the DGCA. Moreover, passport is also essential to the petitioner whenever the airlines in which he is working as an employee intends to send the petitioner to a foreign country for the purpose of training and checks.

6. Learned counsel further submits that the petitioner shall also be required to have the passport if he intends to apply for any vacant positions/posts in any airlines which may have an open requirement of his cadre.

7. Learned counsel submits that, the original passport is one of the items that which was stolen from his residence as per the case registered basing on the complaint given by the petitioner before the Rajiv Gandhi International Airport, Shamshabad Police Station in Crime No.568 of 2021 under Sections 448, 380, 406, 120-B r/w 34 of Indian Penal Code.

8. Learned counsel for the petitioner further submits that, the petitioner has applied on 14.06.2022 for re-issuance of his lost/stolen passport with the respondent-passport authority along with all requisite documents.

9. Learned counsel submits that, the respondent has sent an e-mail communication on 21.06.2022 to the petitioner, directing him to submit a ‘No Objection Certificate’ from the Hon’ble Senior Civil Judge Court, Addanki pertaining to a pending case of C.C.No.1 of 2017 in which the petitioner was arrayed as Accused No.2. Accordingly, the petitioner submitted the ‘No Objection Certificate’ from the Hon’ble Senior Civil Judge’s Court, Addanki in connection with C.C.No.1 of 2017 and submitted the same to the passport authority at Visakhapatnam on 26.08.2022.

10. Even after submission of ‘No Objection Certificate’ from the concerned Court, the respondent – authority did not take any action to consider the passport application submitted by the petitioner on 14.06.2022.

11. Learned counsel contends that, the inaction of the respondent involves the livelihood and right to movement of the petitioner under Articles 19 and 21 of the Constitution of India and sought to allow the writ petition.

12. Learned counsel for the respondent submits that, the petitioner did not mention the case details of C.C.No.1 of 2017 pending before the Hon’ble Senior Civil Judge’s Court, Addanki, Prakasam District. Later, the petitioner submitted ‘No Objection Certificate’ from the concerned Court.

13. Learned counsel contends that, on verification of records, it was found that, the Regional Passport Officer, Hyderabad had received Letter Nos.04/SB-FS/RCK/2021 dated 18.02.2021 and No.04/SB-FS/RCK/2021 dated 26.07.2021 from the Commissioner of Police, Rachakonda, wherein, they have m