IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.51717/2016 (GM-RES) BETWEEN:
MEHRAD REZAEI BARAVATI S/O HUSSEIN AGED ABOUT 52 YEARS, PRESENTLY RESIIDNGL AT BESIDE BANK SEPAH MARKAZI AMIRUL MOMENIN MEDICAL COMPLEX FIRST STOREY, DR.. GULAM HUSSAIN NAJAD BAM, IRAN-7661635789 REP. BY HIS GPA HOLDER MR. MOHAN LAL LUNIYAL, S/O ISHWARI DUTT UNIYAL AGED ABOUT 51 YEARS EXTRUSIONSTECHNIK LTD. 1108-1110, HEMKUNT, HOUSES 6, RAJENDRA PLACE NEW DELHI-110008.
(BY SRI. MOHAMMED FAROOQ, ADV.) AND:
1. UNION OF INDIA REP. BY ITS SECRETARY FOREIGNERS DIVISION MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NDCC-2 BUILDING, JAI SINGH ROAD NEW DELHI-110001.
2. THE ASSISTANT DIRECTOR FOREIGNERS REGIONAL ... PETITIONER REGISTERED OFFICE TTMCA BLOCK, 5TH FLOOR BMTC BUS STAND BUILDING K.H. ROAD, SHANTHINAGAR BENGALURU-560 027.
(BY SRI KRISHNA S DIXIT, ASG. FOR R1 R2 SERVED) ... RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT THE RESPONDENTS TO REVIEW AND CLEAR THE NAME OF THE PETITIONER FROM BLACK LIST ENTRY FROM ENTERING INDIA BY CONSIDERING HIS REPRESENTATIONS AT ANNEX-C & C1 AND ALLOW HIM TO PURSUE HIS PH.D., DEGREE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court seeking issue of mandamus to direct the respondents to review and clear the name of the petitioner from the Blacklist Entry from entering into India by considering his representations as at Annexures-C and C1 and allow him to pursue his studies.
2. The petitioner at an earlier point was before this Court in W.P.No.30827/2014. This Court while disposing of the petition on 02.02.2015 had permitted the petitioner to make an application and the respondents were directed to consider the same. Though applications were made, since the same were not considered, the petitioner is before this Court in this petition.
3. Learned Assistant Solicitor General has today filed a memo dated 30.03.2017 enclosing thereto the communication dated 28.02.2017 addressed to him wherein while providing information with regard to this petition, the competent Officer has informed that the Ministry of Home affairs has examined the case of the petitioner herein and has decided to retain the name of the petitioner in the blacklist till completion of the retention period i.e., up to 02.02.2017. The said communication would indicate that the name of the petitioner would not be continued in the blacklist entry subsequent to the said date i.e. from 03.02.2017 onwards.
4. If that be the position, the prayer as made in the petition would stand answered by the said correspondence.
In that view, on recording these aspects of the matter, the petition stands disposed of.
Sd/- JUDGE akc/bms