IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.2881 OF 2019 (GM-PASS) BETWEEN:
PAULUS ANDRAIS S/O. LATE LUCAS ANDRAIA AGED ABOUT 49 YEARS R/O. NO.286, MERSEY STREET, WANAHEDA, WINDHOEK P.O. BOX NO.4876, WINDHOEK NAMIBIA - 9000 … PETITIONER (BY SRI. GANGADHARAPPA C.C., ADV.) AND:
1 THE FOREIGNER’S REGIONAL REGISTRATION OFFICER 5TH FLOOR, A BLOCK, TTMC BMTC BUS STAND BUILDING K.H. ROAD, SHANTINAGAR BANGALORE – 560 027 2 THE INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU BANGALORE ZONAL UNIT NO.7/1-2, PRIYANK VILLAS KATTIGENAHALLI, BAGALUR MAIN ROAD YELAHANKA BANGALORE – 560 063 ... RESPONDENTS [BY SRI. ADITYA SINGH, CGC & SRI. C. SHASHIKANTH, ADVOCATE - ABSENT] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO ISSUE EXIT CLEARANCE/VISA TO PETITIONER BY CONSIDERING THE ACQUITTAL JUDGMENT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Gangadharappa C.C., learned Counsel for the petitioner.
Mr. Aditya Singh, CGC and Mr. C. Shashikanth, learned counsel for the respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, has prayed for the following reliefs:
“a) to issue a Writ of Mandamus or a Writ or Order or direction of appropriate nature directing the respondent No.1 to issue exit clearance/visa to petitioner by considering the acquittal judgment.
b) further to issue a Writ of Mandamus or a Writ or Order or direction of appropriate nature directing the respondents to issue no-objection certificate to get exit clearance/visa to go back to his country.
c) to issue a Writ or Order or direction of appropriate nature granting such other relief or reliefs as this Hon’ble Court deems fit to grant, in the ends of justice.”
3. When the matter is taken up today, learned counsel for the petitioner submitted that the petitioner be granted liberty to file fresh representation with regard to his grievance to Respondent No.1 and the aforesaid Authority may be directed to decide the representation submitted by the petitioner by a speaking order within a period of two weeks.
4. In view of the aforesaid submission, learned counsel for the respondents submits that in case such representation is submitted, the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the petition is disposed of, with a direction that in case the petitioner submits a representation to the Respondent No.1 within a period of one week from the date of receipt of certified copy of the order passed today, the Respondent No.1 shall decide the issue with regard to the exit clearance to the petitioner by a speaking order in accordance with law within a period of two weeks from the date of receipt of copy of the representation.
It is made clear that this Court has not expressed any opinion on the merits of the matter.
Sd/- JUDGE AN/-