IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.8521 OF 2018(GM-PASS) BETWEEN:
SAEID SABERI S/O DIDAR AGED ABOUT 29 YEARS PRESENTLY RESIDING AT NO.7, ALLEY 15 KHAJOO ST.SIRJAN KERMAN, IRAN REPRSENTED BY HIS GPA HOLDER MR.MOHAN LAL UNIYAL S/O ISHWARI DUTT UNIYAL AGED ABOUT 52 YEARS EXTRUSIONSTECHNIK LTD., 1108-1110, HEMKUNT, HOUSES 6, RAJENDRA PLACE NEW DELHI – 110 008.
… PETITIONER (By Mr.MOHAMMED SIDDIQ FOR MR.MOHAMMED FAROOQ, ADV.) AND:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY FOREIGNERS DIVISION MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NDCC-2 BUILDING JAI SINGH ROAD NEW DELHI – 110 001.
2. THE ASSISTANT DIRECTOR FOREIGNERS REGIONAL REGISTERED OFFICE TTMCA BLOCK, 5TH FLOOR BMTC BUS STAND BUILDING K.H.ROAD, SHANTINAGAR BENGALURU – 560 027.
(By Mr.SANJAY NAIR ADV. FOR R1 & R2) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE EXIT PERMIT BEARING SERVICE NO.KA01/EXIT/IRN/1240/2017 DATED 02.08.2017 AT ANNEXURE-G ISSUED BY THE ASSISTANT DIRECTOR, FOREIGNERS REGIONAL REGISTERED OFFICE BANGALORE I.E., 2ND RESPONDENT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Mohammed Siddiq, learned counsel for Mr.Mohammed Farooq, learned counsel for the petitioner.
Mr.Sanjay Nair, learned counsel for respondents 1 and 2.
3. In this petition, the petitioner has prayed for the following reliefs:
(i) Quash by writ of certiorari the Exit Permit bearing Service No.KA 02/EXIT/IRN/1240/2017 dated 02.08.2017 at Annexure-G issued by the Assistant Director, Foreigners Regional Registered Office, Bangalore i.e., 2nd respondent.
(b) Issue a writ of mandamus or any other appropriate writ, order or direction to review and clear the name of the petitioner for entering India for education purpose by the respondents through Indian Embassy, Tehran, Republic of Iran by considering the petitioner representations dated 17.12.2017 at Annexure-H and the representation dated Nil dispatched on 31.12.2017 at ‘H1’ addressed to the Indian Embassy, Tehran, Iran.
(c) Grant any such further order or orders as this Hon’ble Court deem fit, just and proper in the facts and circumstances of the case.
4. When the matter was taken up today, learned counsel for the respondent submits that the petitioner has left India on 09.08.2017 and therefore, the question of quashing the exit permit has been rendered academic in the fact situation of the case. The aforesaid submission is taken on record.
5. In view of the aforesaid submission nothing survives for adjudication in this petition. Accordingly, the writ petition is dismissed as having become infructuous.
Sd/- JUDGE SS