IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 4 of 2003 Between: Ryali Jyothirmayi D/o.Ryali Narayana Rao R/o.D.No.10-34/1,Gandhi Nagar Gajuwaka Visakhapatnam ..... PETITIONER AND 1 Union of India Rep. by its Secretary Ministry of External Affairs New Delhi 2 Union of India Rep. by its Secretary Ministry of Home Affairs New Delhi 3 Government of Andhra Pradesh Rep. by its Secretary Secretariat Hyderabad 4 Director General of Police Andhra Pradesh Saifabad, Hyderabad. 5 Station House Officer III Town Law and order Police Station, Visakhapatnam 6 Regional Passport Officer Hyderabad. 7 Suresh Devu S/o.Devu Mohan Rao C-3,Lakshmi Apratments Peda Waltair Visakhapatnam. …..Respondents. THE HONOURABLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO. 4 OF 2003 ORDER: This Writ Petition is filed questioning inaction on the part of the sixth respondent in taking steps for impounding passport of the seventh respondent. It is stated in the affidavit filed in support of the Writ Petition, that the petitioner was married to seventh respondent, and, in view of certain differences and demands from the seventh respondent, a complaint was lodged for the alleged offence under Section 498-A IPC. It is the case of the petitioner, that though such criminal proceedings are initiated, no steps are being taken for impounding the passport of the seventh respondent, and inaction on the part of the sixth respondent is contrary to the provision under Section 10(3) of the Passports Act 1967. As per Section 10(3) of the Passports Act, 1967,the passport authority may impound or cause to be impounded or revoke a passport or travel document, in the specified circumstances therein. From a reading of the said provision, it is for the respondent authorities to consider whether the passport holder has committed any irregularities as contemplated under Sub-sections (3) to (7) of Section 10 of the Passports Act, 1967, but, at the same time, this Court in exercise of powers under Article 226 of the Constitution of India cannot issue Writ of Mandamus to impound the passport or travel document of a citizen. In that view of the matter, I do not find any merit in this Writ Petition. The Writ Petition is dismissed. No order as to costs. ----------------------------------- JUSTICE R. SUBHASH REDDY DATED: 23-11-2005. Msnr.