Nagabhushana Rao Alugubelli Vs Union of India

NAGABHUSHANA RAO ALUGUBELLI, S/O. KURMINAIDU ALUGUBELLI, AGED ABOUT 45 YEARS, R/O. PLOT NO. 29, PRASANTHI NAGAR COLONY, NEAR ARTS COLLEGE,SRIKAKULAM, SRIKAKULAM - 532001, ANDHRA PRADESH, INDIA

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...PETITIONER

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AND

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UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. IFODOJ

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THE JOINT SECRETARY PSP AND CHIEF PASSPORT OFFICER, PSP AND CHIEF PASSPORT OFFICER PASSPORT SEVA EXTERNAL AFFAIRS ROOM NO 27, PATIALA HOUSE, TILAK MARG NEW DELHI, 110001. PROGRAMME DIVISION, MINISTRY OF

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THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE VISAKHAPATNAM, NEAR P.F. OFFICE, BESIDE RYTHU BAZAR, MARARIPALEM, VUDA LAYOUT, NAD POST, VISAKHAPATNAM- 530009, ANDHRA PRADESH.

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THE SUPERINTENDENT OF POLICE, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. THE STATION HOUSE OFFICER, V TOWN POLICE STATION, VISAKHAPATNAM CITY.

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THE STATION HOUSE OFFICER, V TOWN POLICE STATION, VISAKHAPATNAM CITY.

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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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not granting / re-issuing the passport in favour of the Petitioner vide application No. VS8075076840725 dated 23.05.2025 as illegal, arbitrary and violative of principles of natural Justice and contrary to the provisions of the Passport Act and Rules thereunder and also violative of Article 14, 21 and 300 A of the Constitution of India and consequently direct the Respondents to issue the passport in favour of the Petitioner and to pass

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IA NO: 1 OF 2026

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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 Respondents to renew petitioner’s passport application No. VS8075076840725 dated 23.0^2025 pending disposal of Writ Petition and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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Counsel for the Petitioner:

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1.AISHWARYA NAGULA

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Counsel for the Respondent(S):

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1.GP FOR HOME

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The Court made the following:

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THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.9561 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 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:

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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 co-operate 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 one (01) week.

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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 one (01) week 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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