Andhra Pradesh High Court

WP/11258/2026 of Geddam Vijay Sunder Vs Union of India, on 23 April 2026

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] FRIDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO: 11258/2026 Between: 1. GEDDAM VIJAY SUNDER, S/O GEDDAM VIJAY HARSHA KUMAR, AGED 36

APHC010223492026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

FRIDAY, THE TWENTY FOURTH DAY OF APRIL

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION NO: 11258/2026

Between:

1. GEDDAM VIJAY SUNDER, S/O GEDDAM VIJAY HARSHA

KUMAR, AGED 36 YEARS. OCCUPATION BUSINESS, R/O. 23- 1-14/3, LB.

SASTRY

ROAD,

MUNICIPAL

COLONY

RAJAHMUNDRY, EAST GODAVARI DISTRICT-533 105

...PETITIONER

AND

1. UNION OF INDIA, REP. BY ITS SECRETARY, CPV AND

OVERSEAS INDIAN AFFAIRS MINISTRY OF EXTERNAL

AFFAIRS, SOUTH BLOCK, NEW DELHI-110011.

2. THE PASSPORT AUTHORITY OF INDIA, REP. BY ITS CHIEF

PASSPORT

OFFICER,

PSP

DIVISION,

MINISTRY

OF

EXTERNAL AFFAIRS, ROOM NO.8, PATIALA HOUSE, NEW

DELHI-110001

3. THE REGIONAL PASSPORT OFFICE, REP BY ITS REGIONAL

PASSPORT OFFICER, NEAR P.F. OFFICE, BESIDE RYTHU

BAZAR,

MARRIPALEM

VUDA

LAYOUT,

NAD

POST,

VISAKHAPATNAM-530 00

...RESPONDENT(S):

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 an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus a) To declare the action of Respondent No.3/Regional Passport Officer, Visakhapatnam in not re-issuing the passport of the petitioner bearing NO.Z3749282 as illegal, arbitrary and contrary to the law laid down by the Honble Apex Court, other High Courts and violative of Articles 14 and 19 of the

Constitution

of

India

b)

To

declare

the

letter

Ref.No.

SCN/1054683731/26, dated 21-04-2026 issued by the 3rd respondent as illegal, arbitrary and contrary to the law and set aside the same c)

Consequently direct Respondent No.3/Regional Passport Officer, Visakhapatnam to re issue the passport to the petitioner, without reference to P.R.C. 16/2018 pending on the file of 3rd Addl.Judicial First Class Magistrate, Rajahmundry or criminal cases before court and 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 Respondent Authorities to consider the application of the petitioner for reissuing passport of the petitioner, without reference to PRC NO. 16/2018 pending on the file of 3RD Additional Judicial First Class Magistrate, Rajahmundry, pending disposal of the writ petition and pass Counsel for the Petitioner:

1. MALLAVOLU NIKITHA

Counsel for the Respondent(S):

1. Kumbhajadala Kaushi (Central Government Counsel)

The Court made the following:

WRIT PETITION No.11258 of 2026

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ORDER: -

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 by this Court in W.P.No.5769 of 2026 and batch, dated 07.04.2026, which is as follows: “9. Accordingly, these writ petitions are allowed with the following direction: 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:

(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.

(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.

(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.

(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.

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

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

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

2. Hence, following the said orders, this writ petition is allowed on the same terms.

3. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE BATTU DEVANAND

Date : 24.04.2026 PGR

W.P.No.11258 of 2026

Date: 24.04.2026

PGR

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