Appa Rao Kadiyam Vs the Union of India

APPA RAO KADIYAM, S/O VENKATA SUBBARAO KADIYAM, AGED 61 YEARS, D.NO. 20-11-176, REST HOUSE ROAD, NEAR SANKAR MATT, BHIMAVARAM, WEST GODAVARI DISTRICT534201.

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...PETITIONER

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AND

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THE UNION OF INDIA, REP., BY ITS PRINCIPAL SECRETARY, EXTERNAL AFFAIRS, SOUTH BLOCK, SECRETARIATE BUILDING. NEW DELHI 11011.

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THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, NEAR P.F.OFFICE, BESIDE RYTHU BAZAR, MARRIPALEM, VUDA LAY OUT, NAD POST, VISAKHAPATNAM530009.

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...RESPONDENT(S):

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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 declaring the action of the respondent No. 2 in refusing to renew my passport vide order dated 20.03.2025, passport application File No. VS1077500340525 on account of pendency of cases No. CC. No. 584/2021 before the Ilnd Additional Civil Judge (Senior Division) Cum AddI Chief Judicial Magistrate Gajuwaka, CC. No. 35 / 2024 before VII AddI Junior Civil Judge, Cum V AddI Metropolitan Magistrate Vijayawada as illegal, highhanded, and arbitrary, apart from being in violation of the rights of the petition under Articles 14, 19 and 21 of the Constitution of India and consequently set

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aside the order dt. 20.03.2025 vide passport application File No. VS1077500340525 and to Pass such

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Counsel for the Petitioner:

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1.BILAAL AHMED SYED

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Counsel for the Respondent(S):

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1.

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CENTRAL GOVERNMENT COUNSEL

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SMT. M. UMADEVI

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The Court made the following:

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THE HONOURABLE SRI JUSTICE BATTU DEVANAND

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WRIT PETITION No.12789 of 2025

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ORDER: -

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It is brought to the notice of this Court by both the learned counsel that the subject matter of this writ petition is squarely covered by the common order passed in W.P.No.5769 of 2026 and batch, dated 07.04.2026, which is as follows:

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“9. Accordingly, these writ petitions are allowed with the following direction:

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The Passport Authorities to consider and pass appropriate orders on the applications submitted by the petitioners for issuance of passports or re-issuance of passports or renewal of passports, for a period of ten (10) years, under Section 10 of the Passports Act, 1967 and under Rule 12 of Passport Rules, 1980 and also the Gazette Notification issued by the Central Government vide GSR No.570(E), dated 25.08.1993, without reference to the criminal proceedings pending against the petitioners before the concerned Courts, subject to the following conditions:

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(i) The petitioners shall submit an undertaking, along with an affidavit affirming that he/she will not leave the country during the pendency of the criminal proceedings, pending against them without permission of the courts having jurisdiction and that he/she will cooperate with concerned trial court in concluding the proceedings.

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(ii) On filing such an undertaking as well as affidavit, the concerned trial court shall issue a certified copy of the same within two (02) weeks.

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(iii) The petitioners shall submit the certified copy of the aforesaid undertaking before the respondent-Passport Officer for issuance of passport or re-issuance or renewal of his/her passport.

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(iv) The respondent-Passport Officer shall consider the said application in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioners for issuance of passport or re-issuance or renewal of his/her passport in accordance with law, within two (02) weeks from the date of said application.

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(v) On renewal of the passport, the petitioners shall deposit the original renewed Passport before the concerned trial court.

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(vi) The petitioners shall file an application before the concerned trial Court seeking permission to travel abroad.

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(vii) The concerned trial Court shall consider the same, in accordance with law.”

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