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High Court of Andhra Pradesh · body

2025 DAILYLAW 17275 (AP)

KAVIR NITHRAM v. THE STATE OF ANDHRA PRADESH

WP/11794/2024 · 2025-02-13

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11794 OF 2024 Between: Kavir Nithram, S/o. I. Nithram, aged about 38 years, R/o. 65, Brackenwood Road Woodview Phoenix, Durban, South Africa Temporarily residing at Sri Santi Ashram, Santi Ashram PO (Via) Sankhavaram, East Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Government Home Department, Secretariat at Amaravati, Guntur District. 2. The Superintendent of Police, Kakinada, East Godavari District. 3. The Station House Officer, Prathipadu Police Station East Godavari District. 4. Union of India, rep. by its Under Secretary to Government External Affairs, New Delhi. 5. Bureau of Immigration, Ministry of Home Affairs Union of India, New Delhi. 6. Foreigners Regional Registration Officer, Ministry of Home Affairs Union of India, Mamidipally Road Shamshabad, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents 3 to 6 in extending the visa to the Petitioner to stay at Sri Santi Ashram, Sankhavaram, East Godavari District, Andhra Pradesh in pursuance of his online applications dated 04.04.2024 and 29.04.2024 submitted to the 6th Respondent as highly illegal, arbitrary and violative of principles of natural justice as also in violation of Ar.21 of Constitution of India and issue consequential directions to the Respondents 4 to 6 to extend the visa to the Petitioner till 24.06.2024 in pursuance of his * Applications dated 04.04.2024 and 29.04.2024 by duly providing the verification details/antecedents of the Petitioner to the 6th Respondent and further direct the Respondents 1 to 3 not to take coercive steps including arrest of the Petitioner during his overstay in India. f lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents 1 to 3 not to take any coercive steps against the Petitioner including arrest during his overstay in India till processing of online application dated 04.04.2024 and 29.04.2024 for extension of visa submitted by the Petitioner to the Respondents4 to 6 by duly providing the verification details/antecedents of the Petitioner to the 6*^ Respondent or till 24.06.2024 on which date the Petitioner leaving India. Counsel for the Petitioner: SRI P. RAJKUMAR Counsel for the Respondent Nos.1 to 3 : GP FOR HOME Counsel for the Respondent Nos.4 to 6 : SRI P. PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: ORDER y/ APHC010235002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] K :h THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11794/2024 Between: Kavir Nithram ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.P RAJ KUMAR Counsel for the Respondent(S): 1.GP FOR HOME 2. DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: 0 90 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.11794 OF 2024 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “...to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents 3 to 6 in extending the visa to the Petitioner to stay at Sri Santi Ashram, Sankhavaram, East Godavari District, Andhra Pradesh in pursuance of his online applications dated 04.04.2024 and 29.04.2024 submitted to the 6^^ Respondent as highly illegal, arbitrary and violative of principles of natural justice as also in violation of Article 21 of Constitution of India and issue consequential directions to the Respondents 4 to 6 to extend the visa to the Petitioner till 24.06.2024 in pursuance of his applications dated 04.04.2024 and 29.04.2024 by duly providing the verification details/antecedents of the Petitioner to the Respondent and further direct the Respondent Nos. 1 to 3 not to take coercive steps including arrest of the Petitioner during his overstay in India and pass such other order or orders... ” Heard learned counsel for the petitioner, learned Government Pleader for Home for respondent Nos. 1 to 3 and learned Standing Counsel for Central Government for respondent Nos. 4 to 6. 2. 3. Learned counsel for the petitioner submits that the petitioner herein is the resident of Republic of South Africa, who came to India on 28.01.2024 on a spiritual visit and spent few days at Divine Life Society Ashram, Rushikesh. At the time of visiting India, he got valid VISA till 28.04.2024 i.e., for a period of ninety days. But, for one reason or the other, even though the petitioner made an application for extension of VISA, the same was not granted by the respondent authorities in the meanwhile, the validity of VISA was expired. As .4^ such, the petitioner got stuck at the said Ashramam till today. Therefore, the petitioner time and again requesting the respondent authorities for granting of VISA to leave India and to reach his nation- South Africa. But the same was neither considered by the respondent authorities nor informed any reasons so far. Hence, the writ petition. On the other hand, learned Standing Counsel for the respondents submits that pending writ petition, the respondents issued proceedings dated 04.02.2025 directing the petitioner to leave India on or before 05.03.2025. As such, the claim of the petitioner was redressed by the respondent authorities vide proceedings dated 04.02.2025. Therefore, the cause in the present writ does not survive and no further orders are necessary. 4. Having regard to the submissions made by the learned counsel for the petitioner and learned standing Counsel for the respondents, on perusal of the material placed on record, without going into the merits of the case, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioner to make necessary travel arrangements to leave the country (India) as prayed in the writ petition on or before 05.03.2025. Further, of the proceedings dated 04.02.2025, the respondents, more particularly, respondent Nos. 4 to 6 are hereby directed to allow the petitioner to leave the country on or before 05.03.2025. 5. in view Accordingly, the writ petition is disposed of. There shall be no order as 6. to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ft ^ ' SECTtOM OFFICER To, The Principal Secretary to Government Home Department, State of Andhra Pradesh, Secretariat at Amaravati, Guntur District. The Superintendent of Police, Kakinada, East Godavari District. The Station House Officer, Prathipadu Police Station East Godavari District. The Under Secretary to Government External Affairs, Union of India, New Delhi. The Bureau of Immigration, Ministry of Home Affairs Union of India, New Delhi. The Foreigners Regional Registration Officer, Ministry of Home Affairs Union of India, Mamidipally Road Shamshabad, Hyderabad. One CC to Sri P. Rajkumar, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] One CC to Sri P. Ponna Rao. Solicitor General of India (OPUC) 1. 2. 3. 4. 5. 6. 7. 8. 9. lO.Three C.D. Copies. Cnr T HIGH COURT DATED:13/02/2025 ORDER WP.No.11794 of 2024 ■r<* 2 0 FEI 2t»5 I ^ . Cuwent Section * 7* DISPOSING OF THE W.P. WITHOUT COSTS