HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.25727 OF 2014 Date: 28.10.2014 Between :
Sarzahi Zohre, D/o. Ghulam Hussain, W/o. Ali Reza Jawadi, Aged about 34 years, H.No.10-4-35/7 & 7A, Green Avenue Apartments, Humayaun Nagar, Asif Nagar, Hyderabad.
… Petitioner and Foreigners Regional Registrtion Office, Ministry of Home Affairs, Government of India, Begumpet, Hyderabad and others.
… Respondents The Court made the following:
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25727 OF 2014 ORDER:
The case of the petitioner is that she was born in Hyderabad. Her parents lived in India. She prosecuted her education in India. However, as per their nationality, petitioner parents’ were declared as Iranians. Petitioner married to Sri Ali Reza Jawadi, who is also residing in India from his birth and was granted Indian Passport bearing No.B2330941 issued by the 2nd respondent. Later, he went to Iran and settled down in Iran and obtained Iran citizenship by surrendering Indian Passport. Petitioner claims that she applied for Iranian Passport and the same was granted based on the residential permit and now she is Iranian national. She was granted Tourist Type VISA No.M-541397, dated 06.02.2005 and permitted to reside in India by giving extension upto 15.03.2009. This was further extended till 19.12.2003. Before the expiry of the period, petitioner applied for VISA Extension for Foreigner, which was received by the Office of 1st respondent on 30.10.2013. The extension is not granted. For the purpose of consideration of the application for extension, petitioner was asked to surrender Aadhaar Card bearing No.788762723881 and Household Card bearing No. PAP167553300069 issued by the State Government. Aggrieved thereby, this writ petition is instituted.
2. Para-wise remarks communicated to the learned Assistant Solicitor General and placed before this Court. As evident from the para-wise replies, the objection appears to be that being a Foreigner national, petitioner cannot hold Ration Cad/ Electoral Rolls and, therefore, petitioner was asked to get her name deleted from the Household Card (Ration Card) and surrender her Aadhaar Card as a condition precedent to process her application for grant of renewal.
3. During the course of hearing, learned counsel for the petitioner submits that petitioner would take immediate steps to delete her name from the Household Card (Ration Card).
4. On instructions, learned Assistant Solicitor General submits that the Department is not insisting for surrender of Aadhaar Card. As per the instructions, any person, who is ordinarily residing in India, can apply for Aadhaar Card as Aadhaar Card is meant for establishing unique identity and not for granting citizenship. Thus, there is no need for the petitioner to surrender her Aadhaar Card as of today.
5. Having regard to the submissions made, the writ petition is disposed of, giving liberty to the petitioner to take immediate steps to delete her name from the Household Card bearing No.PAP167553300069 and shall submit the same before the competent authority as early as possible preferably with in a period of six weeks and as and when the same is submitted, the application for extension shall be considered within further period of four weeks. Miscellaneous petitions pending, if any, in this writ petition shall stand dismissed. No costs.
JUSTICE P.NAVEEN RAO Date: 28.10.2014 Note: Issue C.C. in two days. B/o.
kkm HON’BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.25727 OF 2014 Date: 28-10-2014 kkm