Research › Search › Judgment

Andhra High Court · body

2024 DIGILAW 777 (AP)

Kommuri Sunil Shekar v. The Regional Passport Officer

2024-07-12

VENKATESWARLU NIMMAGADDA

body2024
JUDGMENT : Venkateswarlu Nimmagadda, J. The present Writ Petition is filed for the following relief: “…to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents in not processing and not issuing the passport to the petitioner herein vide passport application number VJ9076309607324, dated 28/02/2024 as illegal arbitrary, in violation of Arts. 14, 19, 21 of the Constitution of India and contrary to the mandate of the law and consequently directing the respondents herein more particularly the respondent no.1 herein, to process the application and reissue the passport to the petitioner herein in accordance with the provisions of the Passports Act, 1967 and its allied rules and pass such other order or orders…” 2. Heard learned Counsel appearing for the petitioner, Ms.Alekya.T, learned Standing Counsel for respondent nos.1 & 2 and learned Assistant Government Pleader for Home appearing for respondent no.3. 3. Learned counsel for the petitioner submits that the petitioner herein submitted his application for reissuance of passport with new address denoting his adopted parents’ name, namely Sri Kommuri Srinivasa Rao and Smt.Galla Santoshamma. Pursuant to the said application, respondent no.1 raised objection vide letter dated 11.03.2024 and sought for an explanation from the petitioner for mentioning the names of adoptive parents instead of biological parents. For which, the petitioner submitted his reply dated 15.03.2024 along with the notarized affidavit executed by the biological parents as well as adoptive parents as required under the Rules, 1980. Even after lapse of more than three months, respondents neither issued the Renewed Passport nor passed any appropriate orders. Hence, the present Writ Petition. 4. Learned Counsel appearing for the petitioner drawn the attention of this Court to the notification dated 23.12.2016, wherein the Union Government amended the Passport Rules, 1980. The Clause 2 of G.S.R.1171(E) reads as follows: “2. In the Passport Rules, 1980 (herein after referred to as the said rules), in Schedule III:- (i) Under "(A) Passports", for the sub-heading "For Adopted Children" and the entries relating thereto, the following shall be substituted, namely:- "For Adopted Children: In case of In-country (domestically) adopted children the following documents are required to be furnished: The deed of adoption which may either be Notarized or Registered, confirming/detailing the adoption of applicant by the adoptive parents(s) from the biological parent(s). In case, the applicant is not having any kind of deed to confirm the adoption and the situation is so that the same also cannot be executed at this point of time due to death of biological/adoptive parents or any other reason, whatsoever it may be, the applicant may give a declaration on a plain paper confirming the adoption." 5. Learned counsel appearing for the petitioner submits that clause 2 of the above referred Rule would clearly indicates that once the claimant, i.e. the petitioner made declaration about his adoption, the same cannot be disputed by the authorities and they could not insist for the particulars of biological parents. 6. On the other hand, Ms.T.Alekya, learned Standing Counsel for respondent nos.1 & 2 furnished written instructions from Assistant Passport Officer, Vijayawada, wherein it is stated that for verification of the credentials of the petitioner, respondent no.1 addressed a letter to the Superintendent of Police, Guntur on 03.04.2024 for clarification regarding the names of the parents. But, so far, no clarification was reported by the Superintendent of Police. Hence, the petitioner’s application is not processed still by the respondents. 7. Having regard to the submissions made by both the parties and keeping in view the amendment brought forward by the Union Government in clause 2 of G.S.R.1171(E) of the Passport Rules, 1980, this Court is of the opinion that the petitioner is entitled for the revised Passport by noting his adoptive parents. In view of the clause 2 of Rules, 1980, the 1st respondent is specifically directed to consider the explanation of the petitioner dated 15.03.2023, which is submitted along with the required notarized affidavits sworn by the biological parents as well as the adoptive parents, and pass speaking orders within a period of three (03) weeks from the date of receipt of copy of this order. 8. Accordingly, the present Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.