IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14005 of 2009 Between: Atmakur Manasa W/o. G. Prasad H.No. 15-167, Flat No. 403, Vaibav Estates, Mirjalaguda, Malkajigiri, Ranga Reddy District. .... PETITIONER AND 1 The Regional Pass Port Officer Regional Pass Port Office, Kummarguda, Secunderabad 2 Director General of Police Khairatabad, Hyderabad. 3 The Station House Officer, Gandhnagar, Musheerabad, Hyderabad. 4 The Station House Officer, Malkajigiri Ranga Reddy District. 5 Sandri Sai Kumar S/o. Venkatesh H.No. 6-4-459, 2nd Floor, Bholakpur, Secunderabad, Off. S.S. Associates, H.No 10-2-198, 2nd Floor Opp. Food World, East Marredpalli, Secunderabad. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order direction writ more in the natrue of writ of Mandamus declaring the action of the 1st respondent in including the name of the petitioner in the pass port No. F 4718192 of the 5th Respondent mentioning as his Wife without any proof of marriage having been performed on the wrong information given by the 5th Respondent as bad illegal, arbitrary and violative of Art. 14, 21 of Constitution of India apart from the same beilng contrary to the provisions of pass port Act 1967 and to set aside the same consequently directing the 1st respodent to revoke and pass port NO. F 4718192 issued on 1-9-2005 to the 5th Respondent under the Power conferred in Sec. 10 (3) of Pass ports Act 1967 and be pleased to pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.C.RAMESH SAGAR Counsel for the Respondent No.1: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for the respondents 2 to 4 : G.P for HOme The Court made the following THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14005 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the first respondent-Regional Passport Officer in including the name of the petitioner in the passport bearing No. F 4718192 of the 5th respondent describing the petitioner as the wife of the 5th respondent without any proof of marriaage, as arbitrary and illegal. The petitioner also seeks a consequential direction to the respondents 1 to 4 to seize the passport of the 5th respondent bearing No.F 4718192. I have heard both the learned counsel. It is stated that the petitioner has not yet made any representation/application before the 1st respondent bringing to the notice of the 1st respondent with regard to the grievances expressed in this writ petition. Since the petitioner has admittedly not raised any objections before the 1st respondent, it cannot be said that there is any inaction on the part of the 1st respondent. Hence the writ of Mandamus as prayed for cannot be granted. However, this shall not preclude the petitioner to make a representation before the 1st respondent for rederessal of her grievance. Accordingly, without expressing any opinion as to the allegations made by the petitioner, the writ petition is disposed of granting liberty to the petitioner to make an appropriate application before the first respondent and if any such application is made, the first respondent shall receive the same and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of such an application. The writ petition is disposed of accordingly. No costs. _____________ G.ROHINI, J 15th July 2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14005 of 2009 DATED : 15-07-2009