Nandamuri Sri Nandan Vs the Regional Passport Officer

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARM^ (Special Original Jurisdiction)

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T
|> -V
THURSDAY, THE TWELFTH DAY OF JUNE 'o
TWO THOUSAND AND TWENTY FIVE
to.

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PRESENT

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM ,

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WRIT PETITION NO: 14093 OF 2025

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Between:

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Nandamuri Sri Nandan, S/o. Smitha Chowdary Yalavarthy, Aged about 21 years, Occ Student, R/o.H.No.23-7-18, Giri Street, Near Shivalayam S.N.Puram, Vijayawada, NTR District.

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...Petitioner

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AND

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The Regional Passport Officer, Vijayawada, NTR District.

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The Union of India, Rep by its Secretary. Ministry of External Affairs New Delhi.

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...Respondents ^

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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 direction more particularly one in^the nature of writ of Mandamus to declare the action of the Respondent No.1 m putting hold the Application NO.VJ2075025470825 submitted by the Petitioner for reissue of passport duly entering the 10th Class Certificate for non- Emigration Check Required (ECR) purpose without considering the divorce grated to the parents of the Petitioner as arbitrary, illegal and consequently direct the Respondent No.1 to enter the 10th Class Certificate in the passport of the Petitioner for non-ECR purpose without reference of variation of the surname of the mother of the Petitioner in the SSC Certificate, Aadhar Card arid Application and reissue the passport in pursuant to the Application No.VJ2075025470825 submitted by the Petitioner in the interest of justice"

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A'-'

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lA NO: 1 OF 2025 Petitio.n 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 Respondent No. 1 to reissue the passport to the f f Petitioner duly entering the 10*^ Class Certificate in the passport of the Petitioner for non-ECR purpose without reference of variation of the surname of the mother of the Petitioner in the SSC Certificate, Aadhar Card in pursuant to the Application No.VJ2075025470825 submitted by the Petitioner pending disposal of the Writ Petition in the interest of justice.

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Counsel for the Petitioner: SRI VELADI SAI SRI HARSHA REPRESNTING SRI P NAGENDRA REDDY

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Counsel for the Respondents: SRI G ARUN SHOWRI, CENTRAL GOVERNMENT COUNSEL

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The Court made the following: Order

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^pHCOI 0279542025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3504]

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THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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the honourable SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 14093/2025

Between:

Nandamuri Sri Nandan

...PETITIONER

AND

The Regional Passport Officer and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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-I p NAGENDRA REDDY

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Counsel for the Respond'ent(S):

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1 G.ARUN SHOWRKCENTRAL govt. COUSEL)

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The Court made the following Order:

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Heard Sri Veladi Sai Sri Harsha, learned counsel representing Sri p.Nagendar Reddy, learned counsel for the petitioner^{andalsoSriG.Arun} Showri, learned Central Government Counsel appearing^{fortherespondents.} 2. The instant Writ Petition has been filed challenging^{theactionofthe} 1 St Respondent, in putting hold the passport application^{No.VJ2075025470825} submitted by the petitioner on the cause that the petitioner’s parents names

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\

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2

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MRK,j W.P.No.14093 of 2025

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are different in the SSC and Aadhaar Card and also on the ground that his father’s name was not there in the old passport of the petitioner.

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Learned Counsel for the petitioner submits that the petitioner has applied for reissuance of passport on 09.05.2025 by entering the 10**" class certificate for Non-ECR to go to abroad for Higher^Studies. The learned counsel submits that pursuant to the divorce of his parents, the petitioner’s mother has changed her surname in the Aadhaar by adopting her father surname and ever since the divorce, the petitioner was in the custody of his mother. He further submits that the lO*'^ class educational qualification of the petitioner discloses the earlier surname of his mother, which adopted from her ex-husband. While that being the position, the petitioner’s application for reissuance was put on hold by the passport authorities,^{duetomismatchofhis} parents surname in the certificates and no father name in the passport. Hence, the instant writ petition is emanated.

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Learned Standing Counsel for the respondents 1 and 2, has drawn the attention of this Court to Ex.P-1 dated 26.05.2025 which was addressed to the petitioner by the respondent vide File No. VJ2075025470825, Letter Reference No.OBJ/1049201291/25, where under, 1®‘ respondent^askedthe petitioner to submit the required original documents before the Enquiry Officer at Passport Office, Vijayawada in respect of the queries pertaining to the parents names in SSC and Aadhaar Cards of the petitioner. Learned Standing Counsel further submits that the petitioner instead of complying the

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3

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MRK,J W.P.No.l4093of2025

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same, has straight away filed the instant writ petition by^{invokingtheextra} ordinary powers vested in 'this Court under the Article^{226oftheConstitution} of India. Hence, he submits that the very writ petition itself is not maintainable.

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At this juncture, the learned counsel for the petitioner^{contendsthatthe} petitioner has already preferred Written objections/Explanation dated 10.06.2025 detailing all the facts and circumstances under which the petitioner’s parents names were changed (in view of^{divorceproceedings} which had taken place to his parents). Therefore, the^{learnedcounselforthe} petitioner requested this Court that he will also submit relevant original/certified copies before the 1®* respondent^{withinaperiodofone(01)} week from today. For which, the learned Standing Counsel^{fortherespondent} has stated 'No Objection’. 6. Keeping in view of the submissions made by the respective^counsels, this Court, at this stage without going into the arena^ofmerits of the writ petition, deems it proper to dispose of the Writ Petition^{withthefollowing} directions:

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(i). The petitioner is directed to appear before the 1®'^respondent office on 17.06.2025 at 09:30 am with copy of explanation^{dated10.06.2025} along with the original documents/certified copies;

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MRK,J W.P.No.14093 of2025

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