IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15049 of 2008 Between: Yalam Venkateswara Rao, S/o. Mohan Rao, Dubai Aluminium Company Limited, MC-I, P.O. Box No. 3627 UAE Presently Residing at Flat No202 VV Sadan Apartment, TPT Colony, Visakhapatnam. ..... PETITIONER AND The Passport Officer, Visakhapatnam City, Opp: Srikanya Theatre, Visakhapatnam. .....RESPONDENT 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not passing order on Petitioner application dated 16- 06-2008 for renewal of passport as illegal, arbitrary and without jurisdiction and consequently direct the respondent forthwith to renew the Passport. Counsel for the Petitioner:MR.P.KAMLAKAR Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER This writ petition has been filed by Yalam Venkateswara Rao with a prayer to issue a Writ, Order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent in not passing orders on the application dated 16.6.2008 seeking renewal of passport as arbitrary and illegal. The petitioner is working in Dubai Aluminium Company Limited as a Mechanic. Earlier, he worked in Visakhapatnam Steel Plant as Operator-cum-Mechanic. In the year 1998, he left for Dubai and worked there about one year and returned to India. In the year 1992, he obtained passport and the same was issued to him on 26.7.1992. Before expiry of due date, he applied for renewal and got it renewed by order dated 28.7.1997 till 27.7.2007. When the renewal is due to expire, he submitted an application for renewal of the same. In the meanwhile, a case came to be registered against him under Section 498-A IPC and while granting bail, the learned Sessions Judge imposing certain conditions. Since no orders were passed on the application filed for renewal of his passport, the petitioner choose to approach this Court invoking the jurisdiction under Article 226 of the Constitution of India. Heard the learned appearing for the petitioner and the learned Assistant Solicitor General appearing for the respondent. Learned counsel appearing for the petitioner submits that registration of the case is not a bar for considering the application for renewal of passport and therefore, the action of the respondents in not passing any orders on the application seeking renewal, is arbitrary and illegal. Learned Assistant Solicitor General appearing for the respondent submits that there is an order passed by the Sessions Judge directing the petitioner to report before the Police Station concerned on every Sunday between 8 a.m and 1 p.m and therefore, the question of renewing his passport does not arise. A fact remains that the application filed by the petitioner for renewal of his passport is pending with the respondent. Therefore, the respondent is at liberty to pass orders on the renewal application, in accordance with the provisions of law. If the petitioner is not entitled for any renewal, the respondent has to indicate the same in the order proposed to be passed. With the above observation, the writ petition is disposed of. No costs. __________ 14-07-2008 Note: Issue CC by two days. (B.O)rkk