Bobbili Prakash vs The Union Of India
2023 Latest Caselaw 1601 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.6121 of 2023

JUDGMENT:-

1.    Heard Sri M.Srinivasa Rao, learned counsel for the

petitioner and Ms. T.Alekhya, learned Central Government

Counsel for the respondents.

2. With the consent of the parties counsels, the writ petition

is being disposed of finally at this stage.

3. This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-

"It is therefore prayed that the Hon'ble Court may be pleased to issue Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 in impounded the passport of the petitioner bearing no.W7706238 dt. 14.12.2022 without passing any reasoned order as required under section 10(5) of the Passports Act, 1967 is illegal and violative of Passports Act, 1967 and consequently direct the Respondent No.2 to release the passport bearing no.W7706238 dt. 14.12.2022 to the petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

4. Ms. T.Alekhya, learned Central Government Counsel for

the respondents, on the basis of instructions, submits that the

show cause notice was given to the petitioner for impounding

the passport, but it has yet not been impounded, but only there

is a surrender certificate.

5. Learned counsel for the petitioner submits that pursuant

to the show cause notice for impounding the passport, the

petitioner has submitted the reply.

6. In view of the aforesaid facts not in dispute that the

proceedings for impounding the passport are pending against

the petitioner and the petitioner has also submitted the reply,

the respondent No.2 shall take final decision in the matter, in

accordance with law, after affording an opportunity of hearing to

the petitioner by passing a reasoned and speaking order under

Section 10 of the Passport Act, 1967.

7. Let the entire exercise be done within a period of four (04)

weeks from the date of production of copy of this order before

the respondent No.2.

8. It is clarified that this Court has not made any

observation on the merits of the case.

9. The writ petition stands disposed of with the aforesaid

observations and directions.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending,

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 21.03.2023

Note:-

Issue C.C by 28.03.2023 B/o:- SCS FFFFFFFFFHGHHHHHHHHHHGGGGGGGFFFKKKKKKKKKK KKKKJJJJJKFDASDFKKKKLKKLHGGGFFFFFFFDSSSSSGG GGGGGGHHHHHGHFSDAFSDAHLFJHSDFJASD

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.6121 of 2023

Date: 21.03.2023

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