Sri Venkata Ramana Rao Mannam v. Joint SecretaryJPSP) and Block_Building

Judgment

1. •.’1^'®■ 5®P- ky Secretary (CPV), Ministry of External Affairs, South

2. Joint SecretaryJPSP) and Block_Building, Njw Delhi - 110001 JvN.i Scuicia.yjrSr; ana uru, KbK Division, Ministry of External Affairs Room No. 21, Patiala House, Tilak Marg New Delhi -110001 Consulate General of India, 3 East 64th Street (Between Sth and Madison Avenues), New York, NY 10065, United States of America Division, Ministi

3. ...RESPONDENTS

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 direction more particularly one in the nature of »A/® Writ Mandamus by holding the impugned in-action of the Respondents in not issuing the Passport vide Application No. ANB 23-2000176690 as violative of the The Passports Act 1967 and the Rules framed therein and further ho Id the inaction as violative of the Legal and Fundamental Rights of the Petitioners under Article 14, 16, 19 and 21 of Constitution of India and be pleased to. lA NO: 1 OF 2023 in th 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 23Passport Application No. ANB Counsel for the Petitioner(s): SRI. MANNAM VENKATA KRISHNA RAO UcNcKAL Or INDIA 2 ' ®'’' HAR'NATH N, DEPUTY SOLICITOR Counsel for the Respondent No.3 : NONE APPEARED The Court made the following: ORDER HON’BLE SRI JUSTICE RAVI CHEEMALAPATI Writ Petition No.27105 of 2023 ORDER:- This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief/s: a to issue a writ order or direction more particularly one in the nature of Writ Mandamus by holding the impugned , inaction of the Respondents in not issuing the Passport vide Application No.ANB 23- 2000176690 as violative of the provisions of The Passports Act, 1967 and the Rules framed therein and further hold the inaction as violative of the Legal and Fundamental Rights of the Petitioners under Article 14, 16, 19 and 21 of Constitution of India and be pleased to pass...”

2. The short grievance of the petitioner herein is that in spite of submitting an application for issuance of renewal of passport. vide application No.ANB 23-2000176690, so far the authorities have not passed any orders on the petitioner’s application.

3. Heard Sri Krishna Rao Mannam, learned counsel for the petitioner and Smt. T.Alekhya, learned Central Government counsel appearing for respondent Nos.l & 2.

4. Sri Krishna Rao Mannam, learned counsel for the petitioner, in elaboration to what has been stated in the affidavit contended that, as the petitioner’s passport was expired on 2 RC,J WP_27105_2023 ■ •

05.09.2023, the petitioner has applied for fresh passport, but so far he has not received any communication from the authorities in that regard. As such, the present Writ Petition is filed. He further submitted that, the petitioner received an e- mail dated 26.06.2023 sent by respondent authorities duly seeking the current-status and. relevant documents of the pending Court Case. In reply to the said mail, the petitioner has submitted the copies of the documents required. The said mail correspondence is placed on record and has drawn the attention of this Court to the same. He further contended that, the petitioner is now residing in U.S.A., until and unless he obtains a passport, he cannot visit India and pursue the Court case as well. In these circumstances, the passport is very much required, but the authorities have not passed any orders on the passport renewal application. As such, prayed to pass appropriate orders in that regard.

5. On the other hand, Smt. T.Alekhya, learned Central Government counsel, submitted that instructions are required in the present case and sought time. 3 RC,J WP 27105 2023

6. In reply to the said submission, learned counsel for the petitioner submitted that, there is no dispute with regard to submission of application and pursuant to the said application. the authorities sought for certain documents. The petitioner is now restricting the relief to that of disposal of his representation. Hence, Writ Petition can be disposed of directing the authorities to consider the petitioner’s application in accordance with law with in a timeframe.

8. Perused the record. It is not in dispute that there is C.C. No.4294 of 2019 on 1 I file of XII Additional Chief Metropolitan Magistrate, I Nampally, Hyderabad against the petitioner. The mail received from the passport authorities on 26.06.2023, shows that the authorities have sought certain information with regard to pending Court cases.

9. The e-mail dated 26.06.2023 shows that the petitioner . has submitted passport renewal application vide application No.ANB 23-2OOO176690 and further e-mail dated 18.07.2023 shows that, the authorities sought for certain information 'with regard to pending Court cases. Now the petitioner is not asking any positive direction, as such, as there is no purpose in 4 RC,J WP 27105 2023 \ keeping the Writ Petition pending, this Court is inclined to dispose of the Writ petition with the consent of both the parties, at the stage of admission, with the following direction: The respondent authorities are hereby directed to dispose of the petitioner’s renewal application vide application No.ANB 23-2000176690 and pass appropriate orders in accordance with law, within a period of two (02) weeks’ from the date of receipt of a copy of this order. There shall be no order as to costs. ’ 'As a,sequel. Miscellaneous Applications, if any, pending "o'*- 4 VJ'ii ’ -iJ ■ -i . shall stand closed. SD/- S. SRINIVASA PRASAD ASSISTANT REGISTRAR^ //TRUE COPY// SECTION OFFICER To, 1.

3. 4.

5. • Madhu The Secretary (CPV), Ministry of External Affairs, Union of India, South Block Building, New Delhi - 110001 The Joint Secretary (PSP) and CPO, PSP Division, Ministry of External Affairs, Room No. 27, Patiala House, Tilak Marg New Delhi -110001 One CC to SRI. MANNAM VENKATA KRISHNA RAO Advocate [OPUCl One GO to SRI HARINATH N, DEPUTY SOLICITOR GENERAL OF INDIA [OPUC] Three CD Copies ■ S' HIGH COURT DATED:13/10/2023 ORDER WP.No.27105 of 2023 or------- AN = 2 1 OCT 2123 . Current Section DISPOSING THE WP WITHOUT COSTS