IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER 2019 BEFORE THE HON'BLE Mr. JUSTICE B.VEERAPPA WRIT PETITION NO.13493/2018 (GM-PASS) BETWEEN:
Seyed Mohammad Beladi, Aged 25 years, S/o Seyed Mohammad Hossein, Residing at No.171, 4th Floor, 7th Main Road, Byrasandara, Jayanagar 1st Block, East Bengaluru – 560 011, Karnataka.
(By Ms.Saraswathi, Advocate) AND:
1. Union of India, Represented by Foreigners Regional Registration Officer, Bureau of Immigration, J.C. Road, Shanti Nagara, Bengaluru – 560 002.
2. Ministry of Home Affairs, Review Committee (Foreign Division), Government of India, New Delhi – 110 001.
3. Embassy of India, .... Petitioner 22, Mir Emad Street, Dr.Motahari Avenue, Tehran, Islamic Republic of Iran.
.... Respondents (By Sri S.R.Dodawad, CGC for R1 and R2) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct the respondents to consider the application of the petitioner for renewal of study visa or in the alternative not to blacklist the petitioner in the records of the R-2 and permit the petitioner to exit from India and apply for student visa and arrive on fresh stay visa and etc.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
O R D E R The petitioner in the above writ petition sought for writ of mandamus directing the respondents to consider the application of the petitioner for renewal of study visa or in the alternative not to black list the petitioner in the records of the respondent No.2 and permit the petitioner to exit from India and apply for student visa and arrive on Fresh Stay Visa.
2. Learned Central Government Counsel appearing for respondent Nos.1 and 2 on instruction submits that there is no necessary application filed for renewal of study visa. In the absence of any demand made, writ of mandamus cannot be issued. Hence, he prays for dismissal of the writ petition.
3. At this stage, Ms.Saraswathi, learned counsel for the petitioner submits that, the petitioner would file necessary application within a week for renewal of study visa with the respondents-authorities.
Said submission of the learned counsel is placed on record.
4. In view of the above, the writ petition is disposed off with the liberty to the petitioner to file fresh necessary application for renewal of student/study visa and on filing of such application, the respondents to consider the same and pass appropriate order in accordance with law within four weeks from receipt of such application.
Accordingly, the writ petition is disposed off.
Sd/- JUDGE PN/-
CT:SN