Andhra Pradesh High Court

WP/16940/2026 of KANCHARLA VEERAYYA Vs THE UNION OF INDIA on 28 June 2026

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for orders : Date of pronouncement : 29.06.2026 Date of uploading : APHC010318642026 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE 29 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16940/2026 Between: 1. KANCHARLA VEERAYYA, S/O LATE KAMESWARAO, AGE 64 YEARS, R/O 1-109

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APHC010318642026

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1. KANCHARLA VEE YEARS, R/O 1-1 GODAVARI DISTRI

1. THE UNION OF IN EXTERNAL AFFAIR CODE NO. 110001.

2. THE REGIONAL P OFFICE, VISAKH CODE NO.530009.

3. THE STATION HO KOVVURU, EAST Petition under Articl circumstances stated in pleased to issue order d of MANDAMUS to decla the application vide. Ref Pass Port in favour of th s : : 29.06.2026 : 03.07.2026 E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) DAY, THE 29th DAY OF JUNE 2026 PRESENT ABLE SRI JUSTICE RAVI CHEEMAL RIT PETITION NO: 16940/2026 ERAYYA, S/O LATE KAMESWAR 09 DEVALAYAM STREET, NEELA ICT, ANDHRA PRADESH, PIN CODE AND NDIA, REP. BY ITS SECRETARY, RS, CENTRAL SECRETARIATE NE . PASS PORT OFFICER, REGIONAL HAPATNAM, VISAKHAPATNAM DIS OUSE OFFICER, 3. KOVVURU GODAVARI DISTRICT, PIN CODE N ...RES le 226 of the Constitution of India pra the affidavit filed therewith, the High direction more particularly one the in th re the action of the Respondents in n

f. No.24-1014352503 on 25.11.2024 he Petitioner as illegal arbitrary and DESH

LAPATI RAO, AGE 64 APALLI, EAST E NO.533464. ...PETITIONER MINISTRY OF EW DELHI, PIN L PASS PORT STRICT, PIN U TOWN P.S., O.534350. SPONDENT(S): aying that in the h Court may be he nature of writ not considering for issuance of contrary to the provisions of the Pass Port Act, 1967 and consequently direct the Respondent to complete the process of the application filed by the Petitioner for issuance of Pass Port in favor of the Petitioner by considering the application submitted by the Petitioner on 25.11.2024 in accordance with law and to pass IA NO: 1 OF 2026 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 to direct the 2nd respondent to consider the application Vide. Ref. No.24- 1014352503 on 25.11.2024 for issuance of Pass Port in favour of the petitioner without reference to the CrI. Case in Counsel for the Petitioner:

1. P R K AMERANDRA KUMAR Counsel for the Respondent(S):

1. GP FOR HOME

2. The Court made the following order:

Non-consideration of the application vide Ref.No.24-1014352503 dated 25.11.2024 for issuance of Passport in favour of the petitioner, is his grievance.

2. Heard Sri P.R.K.Amarendra Kumar, learned counsel for the petitioner, learned Deputy Solicitor General appearing for respondent Nos.1 and 2 and learned Assistant Government Pleader for Home appearing for respondent No.3.

3. After arguing the matter for some time, learned counsel for the petitioner sought liberty to file an appropriate application before the Court of the II Additional Junior Civil Judge-cum-II Additional Judicial Magistrate of First Class, Kovvur.

4. Perusal of the material available on record shows that Calendar Case No.354 of 2022 is pending against the petitioner on the file of the Court of II Additional Junior Civil Judge-cum-II Additional Judicial Magistrate of First Class, Kovvur.

5. The Hon’ble Supreme Court, as well as various High Courts, have consistently held that criminal proceedings can be said to have commenced only after the competent Court has taken cognizance of the offence and the issuance of renewal of a passport would thereafter depend upon the concerned Court granting No Objection Certificate or appropriate permission.

6. Taking the facts and circumstances of the case into consideration and having regard to the fact that C.C.No.354 of 2022 is pending against the petitioner and that the petitioner intends to file an application before the concerned Court, this Court is inclined to dispose of the Writ Petition at the admission stage itself.

7. Accordingly, the Writ Petition is disposed of granting liberty to the petitioner to make an appropriate application before the learned II Additional Junior Civil Judge-cum-II Additional Judicial Magistrate of First Class, Kovvur for issuance of ‘No Objection Certificate’ for renewal of his Passport. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any in the Writ Petition, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI

Dated: 29.06.2023 MP

Whether the order is : Speaking  / Reasoned Reportable / Non-Reportable 

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 16940/2026 Date: 29.06.2026

MP

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