APHC010685512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3459]

(Special Original Jurisdiction)

WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 35175/2025 Between:

1. G UNDAPU RAJESH KUMAR, S/O.CHALAPATI RAO, AGED 51 YEARS, RESIDENT OF FLAT NO-906, BLOCK-5, APARNA AMARAVATI ONE, TADEPALLI, GUNTUR DISTRICT.

...PETITIONER AND

1. T HE UNION OF INDIA, REP BY ITS UNDER SECRETARY, MINISTRY OF EXTERNAL AFFAIRS,SOUTH BLOCK, RAISINA HILL, NEW DELHI, INDIA-110 001 2.

2. T HE REGIONAL PASSPORT OFFICEER, 4TH FLOOR, STALIN CENTRAL, D.NO.27-37-158, GOVERNORPET, M.G.ROAD,VIJAYAWADA-520 002, ANDHRA PRADESH. 3.

3. T HE STATION HOUSE OFFICER, POLICE, SURYARAO PET POLICE STATION, VIJAYAWADA, N.T.R.DISTRICT, A.P.

...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 toleased to issue Writ, or Writs, Order or Orders or direction more particularly one in the nature of writ of mandamus declaring the impugned show cause notice issued vide SCN/1049340623/25 in File no.VJ2075147684525 dt. 13-06.2025 where in rejecting to issue pass port to the petitioners application in file No. VJ2075147684525 and its consequential showas illegal, arbitrary, unconstitutional letter No. OBJ/1052642300/25 dated 08-12-2025 as illegal, arbitrary and also violation of Article 21 of Constitution of India as well against well settled principles of law and consequently direct the 2nd respondent to issue passport to the petitioner by setting aside the impugned proceedings dated 13-06-2025 and 08-12-2025 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 pleased to direct the respondents to process the application No.25- 1051070894, vide File number VJ2075147684525 dt. 09-06-2025 for issuance or/and renewal of petitioer‟s passport bearing No. M7363876 without reference to the criminal case and pass any such other order/orders as this Honourable court may deem fit and proper in the circumstances of the case.

Counsel for the Petitioner: 1. KIRAN TIRUMALASETTI Counsel for the Respondent(S):

1. GP FOR HOME

2. PELLETI RAJESH KUMAR (CENTRAL GOVERNMENT COUNSEL)

The Court made the following ORDER:

The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue Writ, or Writs, Order or Orders or direction more particularly one in the nature of writ of mandamus declaring the impugned show cause notice issued vide SCN/1049340623/25 in File no.VJ2075147684525 dt. 13-06.2025 where in rejecting to issue pass port to the petitioners application in file No. VJ2075147684525 and its consequential showas illegal, arbitrary, unconstitutional letter No. OBJ/1052642300/25 dated 08- 12-2025 as illegal, arbitrary and also violation of Article 21 of Constitution of India as well against well settled principles of law and consequently direct the 2nd respondent to issue passport to the petitioner by setting aside the impugned proceedings dated 13-06-2025 and 08-12-2025 and pass…”

2. The petitioner's case, in brief, is that the petitioner was issued a passport bearing No.M7363876, dated 13.03.2015, for ten years period. On 09.06.2025, the petitioner has submitted an application for renewal of passport vide file No.VJ2075147684525. Pursuant to his application, the respondent authorities have not processed his application and issued a show cause notice vide SCN/1049340623/25 dated 13.06.2025 seeking explanation of the petitioner for his involvement in Crime No.136 of 2024 on the file of Suryaraopet Police Station, Vijayawada.

3. Learned counsel for the petitioner submits that the petitioner‟s passport was not renewed on the ground that he was involved in a case in crime No. 136 of 2024 on the file of Suryaraopet Police Stat