Andhra Pradesh High Court - Amravati
Bobbili Prakash vs The Union Of India on 21 March, 2023
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 2 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.
3As 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 4 THE HON'BLE SRI JUSTICE RAVI NATH TILHARI 133 WRIT PETITION No.6121 of 2023 Date: 21.03.2023 Scs