Andhra Pradesh High Court - Amravati
Gutta Kowsalendra Rao vs The Union Of India on 12 January, 2024
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.33189 of 2023
Between:-
Gutta Kowsalendra Rao .... Petitioner
And
The Union of India,
Rep.by its Secretary, Ministry of External Affairs,
South Block, New Delhi & Another. ..... Respondents
Counsel for the petitioner : Mr.P.V.Sai Rajesh
Counsel for the respondents : Mr.J.V.K.Yagnadutt
Deputy Solicitor General of India
ORDER:
The grievance of the petitioner in the present writ petition is with
reference to his application for re-issue of the Passport made to the 2nd
respondent.
2. The learned counsel for the petitioner while referring to the passports
issued to the petitioner in the year 1991 and another passport after expiry
of the same in the year 2001 submits that the petitioner applied for re-issue
of passport through an application dated 16.10.2023. He submits that with
reference to the said application, the 2nd respondent addressed a
Communication dated 06.11.2023 informing that as per Police Verification
Report (PVR), a criminal case is pending against the petitioner in A.S.No.94
of 2003 and called upon the petitioner to submit explanation with regard to
suppression of information in the passport application. He submits that the
petitioner in reply to the same, submitted Explanation dated 28.11.2023
setting out the relevant facts to the effect that the petitioner preferred
A.S.No.94 of 2023 on the file of the Court of Principal District Judge, Eluru,
aggrieved by the Decree and Judgment in O.S.No.242 of 2019 filed for
recovery of amounts. He submits that despite the said reply and the crucial
aspect that case pending is not a criminal case but a civil proceeding and
pendency of the same is not a bar for issuance of passport, no action is
taken and that due to non-consideration of the categorical explanation
dated 28.11.2023, the petitioner is denied his valuable right to travel abroad
and his rights guaranteed under Article 21 of the Constitution of India are
infringed. The learned counsel also submits that in fact mere pendency of a
criminal case is not a bar for issuing a passport and the petitioner is even
otherwise stands on a better footing. Making the said submissions, the
learned counsel seeks appropriate reliefs.
3. On the other hand, Mr.J.V.K.Yagnadutt, made submissions on behalf
of the respondents. While not disputing the legal position, he seeks time to
secure instructions in the matter. However, this Court on an appreciation of
the grievance ventilated by the petitioner, is of the opinion that the writ
petition need not be kept pending.
4. A reading of the Communication dated 06.11.2023(Ex.P2) of the 2nd
respondent discloses that as per the Police Verification Report, A.S.No.94 of
2023 is pending. Though, in the said report, it is mentioned that criminal
proceedings are pending against the petitioner vide A.S.No.94 of 2023,
obviously, it is a mistake on the part of the police in referring A.S.No.94 of
2023 as criminal proceedings. Further, the material on record i.e., Ex.P6
would give the particulars/details of the said appeal filed by the petitioner
against the Judgment and Decree dated 13.04.2023 in O.S.No.242 of 2019
on the file of the Court of Principal Junior Civil Judge, Eluru. When the said
details are furnished by way of Reply dated 28.11.2023, the 2nd respondent
in the considered opinion of this Court, should have considered the
application of the petitioner for issuance of Passport without any demur. In
fact, his Communication dated 06.11.2023 calling upon the petitioner to
submit explanation, more particularly with reference to A.S.No.94 of 2023,
itself is rather mechanical. Be that as it may. As rightly contended by the
learned counsel for the petitioner, mere pendency of Civil litigation is not an
impediment for issuance of Passport and the delay in issuing the same for
the said odd reason, merits no appreciation.
5. In the aforesaid view of the matter, the writ petition is disposed of,
providing that the 2nd respondent shall take expeditious action on the
petitioner's application No.ARN23-1012527989 dated 16.10.2023 for
issuance of Passport and communicate the same, within a period of two (2)
weeks from the date of receipt of a copy of this Order. There shall be no
order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
_____________________
NINALA JAYASURYA, J
Date: 12.01.2024
BLV
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
Date: 12.01.2024
BLV
