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2025 DAILYLAW 35962 (ALL)

ROKAS ALESKEVICIUS v. UNION OF INDIA AND 3 OTHERS

WRIC/10231/2025 · 2025-04-07

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50867-DB Court No. - 29 Case :- WRIT - C No. - 10231 of 2025 Petitioner :- Rokas Aleskevicius Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Rahul Kumar Sharma Counsel for Respondent :- A.S.G.I.,C.S.C.,Sanjay Kumar Om Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner is a Lithuanian Citizen. He has entered India on Indian e-Visa, which is valid till 6.9.2025. As per the Visa petitioner is allowed multiple entries for business purposes, but he cannot stay for more than 180 days at a stretch. For any intent to stay beyond 180 days, the petitioner is required to be registered with the concerned authority. A leave India notice dated 23.10.2024 is issued to the petitioner, which is challenged in the present petition, whereby petitioner is called upon to leave the country. Learned counsel for the petitioner submits that no reasons have been assigned as to why the petitioner is called upon to leave the country. It is also submitted that petitioner is not involved in any criminal activity. Reliance is placed upon an order passed by the Supreme Court in Writ Petition (Crl.) No.17 of 2006 (Hasan Ali Raihany Vs. Union of India and others), dated 9.3.2006, to submit that in cases of present kind, the petitioner is entitled to be informed of the reasons due to which he is being compelled to leave the country and to be given a reasonable opportunity to represent in the matter. Sri S.K. Om, learned counsel for the respondents states that maximum continuous stay of 180 days has already expired and the petitioner otherwise is not entitled to stay in the country. It is further submitted that petitioner has already made a representation on 1.11.2024, which can be considered and decided, expeditiously. In view of the specific stand taken by the authorities of the Union of India, we dispose of this writ petition with a direction upon the concerned authority to examine the petitioner's representation dated 1.11.2024, and pass appropriate orders, in accordance with law, within a period of ten days from the date of receipt of a certified copy of this order. All legal and factual issues are left open for examination by the competent authority, in accordance with law, at the first instance. Order Date :- 8.4.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad