Andhra Pradesh High Court – Amravati
Vengalathuri Mohan Babu vs The Union Of India on 11 August, 2025
APHC010367352025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3459]
(Special Original Jurisdiction)
MONDAY, THE ELEVENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION No: 18636/2025
Between:
1. VENGALATHURI MOHAN BABU, S/o.VANGALATHURINAGARAJU,
AGED ABOUT 47 YEARS, R/o.PLOTNo.71, NMDC ENERGY,
MUSAFFAH, ABU DHABI, UAE. AT PRESENT RESIDENT OF DOOR
No.28-1C/2-93, RAJA VEEDHI, KONDRAPADU, GUDIPALLIPADU,
SPSR NELLORE DISTRICT.
...PETITIONER
AND
1. THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS,
REPRESENTED BY ITS SECRETARY, NEW DELHI.
2. THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL
PASSPORT OFFICER, NEAR PF OFFICE, BESIDE RYTHU BAZAR,
MARRIPALEM, VUDA LAYOUT, NAD POST, VISAKHAPATNAM
DISTRICT.
3. THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL
PASSPORT OFFICER, TIRUPATHI, CHITTOOR DISTRICT.
4. THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL
PASSPORT OFFICER, VIJAYAWADA DISTRICT.
5. THESUPERINTENDENT OF POLICE, SPSR NELLORE, O/o.
DISTRICT POLICE OFFICER, DARGAMITTA, SPSR NELLORE
DISTRICT.
...RESPONDENT(S):
2
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 a writ, order or direction more particularly one in the nature of
Writ of Mandamus declaring the action of the Respondents in kept pending
the petitioners application for renewal of his passport No.Z7704421 on the
ground that DVC case vide DVC No.1 of 2023 on the file of the Special
Judge-Cum-Judicial Magistrate Of I Class ForRailways, Nellore is pending
against the petitioner as Illegal, arbitrary, violation of Art. 14 and 21 of the
Constitution of India and contrary to provisions of Passports Act, 1967 and
consequently direct the respondents to renew and issue the Passport of the
petitioner for a period of 10 years without reference to the criminal
proceedings pending DVC No.1 of 2023 on the file of the Special Judge-Cum-
Judicial Magistrate of First Classfor Railways, Nellore forthwith and pass such
IA NO: 1 OF 2025
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 respondents to renew the Petitioner's Passport No.Z7704421 for a
period of 10 years pending disposal of the Writ petition and pass such
Counsel for the Petitioner:
1. GUTTAPALEM VIJAYA KUMAR
Counsel for the Respondent(S):
1. MALLAMPALLI SRINIVAS(CENTRAL GOVT COUNSEL)
The Court made the following:
3
ORDER:
The present Writ Petition is filed under Article 226 of Constitution of
India seeking the following relief:
“…to issue a writ, order or direction more particularly one in the nature of
Writ of Mandamus declaring the action of the Respondents in kept pending
the petitioners application for renewal of his passport No.Z7704421 on the
ground that DVC case vide DVC No.1 of 2023 on the file of the Special
Judge-Cum-Judicial Magistrate Of I Class For Railways, Nellore is pending
against the petitioner as Illegal, arbitrary, violation of Articles 14 and 21 of
the Constitution of India and contrary to provisions of The Passports Act,
1967 and consequently direct the respondents to renew and issue the
Passport of the petitioner for a period of 10 years without reference to the
criminal proceedings pending DVC No.1 of 2023 on the file of the Special
Judge-Cum-Judicial Magistrate of First Classfor Railways, Nellore forthwith
and pass such…”
2. The petitioner is working in Musaffah, Abu Dhabi, UAE. The application
filed by the petitioner on 27.06.2025 for renewal of his passport was kept
pending on the ground that D.V.C. No.1 of 2023 is pending against the
petitioner. Learned counsel for the petitioner relied on the decisions of the
Hon’ble Apex Court in Maneka Gandhi v. Union of India 1 and Mohan C.
Lazarus v. Regional Passport Officer2, wherein it was held that the right to
travel abroad is the personal liberty enshrined under Article 21 of the
Constitution of India and sought for renewal of his passport.
3. Learned Assistant Government Pleader, appearing on behalf of the 5th
respondent, on instructions, submits that except DVC no other case is
pending against the petitioner.
4. Therefore, the Writ Petition is disposed of at the stage of admission,
directing the 2nd respondent to renew/reissue the passport of the petitioner
pursuant to his application, dated 27.06.2025, vide File No.VJ1075252962025
1
(1978) 1 SCC 248 : AIR 1978 SC 597
2
2021 SCC OnLine Mad 8142
4
without reference to D.V.C.No.1 of 2023 pending on the file of the Court of
Special Judge-Cum-Judicial Magistrate of First Class for Railways, Nellore.
No order as to costs.
As a sequel, miscellaneousapplications pending, if any, shall stand
closed.
__________________________
JUSTICE SUMATHI JAGADAM
Date: 11.08.2025
Note:
Issue C.C. in two days.
KAS