Seshaiah Nathani Vs The Union of India

SESHAIAH NATHANI, S/O.HANUMAIAH NATHANI, AGED 71 YEARS, R/O.D.NO. 74-14-65/2, MEGA TOWNSHIP, PATAMATA, VIJAYAWADA URBAN, NTR DISTRICT, ANCIHRA PRADESH..

¶11

...PETITIONER

¶12

AND

¶13

THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI, -110011

¶14

REGIONAL PASSPORT OFFICE, 4TH FLOOR, STALIN CENTRAL, D.NO.27-37-158, GOVERNORPET, M.G.ROAD, VIJAYAWADA.520002,

¶15

THE STATE OF ANDHRA PRADESH, REPRESENTED BY INSPECTOR, OLD GUNTUR POLICE STATION, GUNTUR DISTRICT, ANDHRA PRADESH. -522001

¶16

...RESPONDENT(S):

¶17

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 toPleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not processing the application of the petitioner for issuance/renewal of passport with file No.VJ2076429789426, dated 19.02.2026 with the reason that a case is pending against the petitioner as illegal, arbitrary, discriminating, unjust against to Article 14, 19, 21 of Constitution of India and

¶18

2

¶19

against to the rules of Passport Act and consequentially direct the 2nd respondent to issue/renew the passport by considering the application dated 19.02.2026 in file No.VJ2076429789426 forthwith and pass

¶20

IA NO: 1 OF 2026

¶21

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 2nd respondent to issue the passport by considering the application dated 19.02.2026 in file NO.VJ2076429789426 forthwith pending disposal of the above writ petition and pass

¶22

Counsel for the Petitioner:

¶23

1.ANAND KUMAR KOCHIRI

¶24

Counsel for the Respondent(S):

¶25

1.GP FOR HOME

¶26

¶27

The Court made the following:

¶28

3

¶29

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

¶30

WRIT PETITION No.9253 of 2026

¶31

ORDER: -

¶32

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:

¶33

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

¶34

The Passport Authorities to consider and pass appropriate orders on the applications submitted by the petitioners for issuance of passports or reissuance 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:

¶35

(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 co-operate with concerned trial court in concluding the proceedings.

¶36

(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.

¶37

(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.

¶38

4

¶39

(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.

¶40

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

¶41

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

¶42

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

¶43