Allu Akhilesh Kumar, Vs Union of India

ALLU AKHILESH KUMAR, S/O AIIU.NAGAMALLESWARA RAO, AGE. 34 YEARS, R/O D.NO. 10-4-117, ROYAL VARI STREET, NEAR WATER TANK, MALLIKARUNAPETA, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH- 520001

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...PETITIONER

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AND

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UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK,NEW DELHI -110011, INDIA

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REGIONAL PASSPORT OFFICER, 4TH FLOOR, DOOR NO. 2737-158, STALIN CENTRAL, GOVERNORPET, M.G. ROAD, VIJAYAWADA, ANDHRA PRADESH - 520002.

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STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT -522238-

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THE COMMISSIONER OF POLICE, VIJAYAWADA (NTR DISTRICT) ANDHRA PRADESH -520002

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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 inaction of Respondents as illegal and against to Under Article 14, 19 (1) (g) , and 21 of the Constitution of India and (I) to direct the respondent authorities to

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approve petitioners application for issuance of passport and (ii) to grant permission to travel abroad, if required, subject to conditions, and Pass

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Counsel for the Petitioner:

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1.PALLAGANI RAVI BABU

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Counsel for the Respondent(S):

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1.M UMA DEVI (CENTRAL GOVT COUNSEL)

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2.GP FOR HOME

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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.5763 of 2026

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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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