APHC010006322026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 571/2026 Between:

1. BALABHADRA VENKATA RAJU, S/O SURYANARAYANA MURTHY, AGED ABOUT 71 YEARS, R/O D.NO. 10-7-5, RANGREEJU PETA, RAJAHMUNDRY, EAST GODAVARI DISTRICT.

...PETITIONER A N D

1. THE UNION OF INDIA, REP. BY ITS PRINCIPAL SECRETARY TO DEPARTMENT OF EXTERNAL AFFAIRS, PARLIAMENT SECRETARIAT, NEW DELHI.

2. THE PASSPORT AUTHORITY OF INDIA, REP BY ITS CHIEF PASSPORT OFFICER 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, VISAKHAPATNAM NEAR PF OFFICE, BESIDE RYTHU BAZAR, MARRIPALEM , VUDA LAYOUT, NAD POST, N.H-5 MAIN ROAD, VISAKHAPATNAM -530009.

4. THE STATION HOUSE OFFICER, KOVVUR TOWN P.S.

EAST GODAVARI 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 issue a writ, order, or orders or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the 3rd Respondent withholding/refusing to renew/re-issue the in petitioner's passport pursuant to Application No.24-1015733351, dated 14-02-2025, solely the ground of pendency of Cr.No.97 of 2024 of Kowur Town Police on Station under Sections 3 and 4 of the Andhra Pradesh Gambling now pending as C.C.No.22 of 2024 on the file of learned II Additional Junior Civil Judge-cum-ll Additional Judicial First Class Magistrate, Kowur, as illegal, arbitrary, unconstitutional, violative of the Provisions of the Passports Act, 1967, contrary to the principles of natural justice violative of Articles 14, 19 and 21 of the Constitution of India, and consequently direct the Respondent No.3 to forthwith renew and re issue the petitioner's passport to enable the petitioner to travel abroad for medical treatment, and pass IA NO: 1 OF 2026 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 No.3 to consider the petitioner‟s application vide No.24-1015733351, dated 14-02-2025 for renewal of passport forthwith pending disposal of the main writ petition and pass Counsel for the Petitioner:

1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S):

1. VENNA HEMANTH KUMAR (CENTRAL GOVERNMENT COUNSEL)

The Court made the following:

O R D E R:

This Writ Petition was filed seeking the following relief:

“…to issue a Writ or direction or order more particularly one in the nature of Writ of Mandamus declaring the action of 3^rd respondent in withholding/refusing to renew/reissue the petitioner’s passport pursuant to Application No.24-1015733351, dated 14.02.2025, solely on the ground of pendency of Crime No.97 of 2024 of Kovvur Town Police Station under Sections 3 and 4 of the Andhra Pradesh Gambling Act, now pending as Calendar Case No.22 of 2024 on the file of learned II Additional Junior Civil Judge- cum-II Additional Judicial First Class Magistrate, Kovvur, as illegal, arbitrary, unconstitutional, violative of the provisions of the Passports Act, 1967, contrary to the principles of natural justice and violative of Articles 14, 19 and 21 of the Constitution of India and consequently, direct the respondent No.3 to forthwith renew and reissue the petitioner’s passport to enable the petitioner to travel abroad for medical treatment and pass such other order or orders …”

2. Contents of the affidavit filed by the Writ Petitioner, in brief, are that the Writ Petitioner obtained Passport bearing No.N5377533 and it is valid from 21.12.2015 to 20.12.2025; that the Writ Petitioner is a senior citizen, and he intends to take medical treatment and follow up in the United States of America; t