APHC010301532020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20020 OF 2020 Between: 1. Mrs.ThowfeekFathima Mika,, W/o.Shaik Shared. Aged about 33 years, R/o. Podadurthi Village, Kamalapurarn Mandal, Y.S.R. Kadapa District ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary. Home Department, A.P Secretariat at Velagapudi, Amaravathi, Guntur District 2. The Union of India, Represented by Joint Secretary, Ministry of IlomeAffairs, New Delhi 3. Foerign Regional Registration Office, Bureau of Immiuration, Government of India, Hyderabad, Telanagana 4. Superintendent of Police, Y.S.R Kadapa District, Andhra Pradesh ...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 pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the 4th Respondent in issuing Leave India Notice. vide C.No.83/FR-FRROXDP/2018- 2020. dt.I9.9.2020. without extending the grant of Entry Visa to the Petitioner bearing No.VJ52323M as illegal, irregular. arbitrary, unconstitutional. 2 unja.,tified and ansuitainable and contrary to International Covenant of 1966 on Civil and Political Rights and set aside the same and consequently direct the Respondents to extent the grant of Entry visa bearing no. VJ5232364 of the petitioner and pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents to allow the Petitioner bearing Visa No.VJ5232364 to stay in India pending disposal of the Writ Petition and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave to file the Reply Affidavit in W.P.No.20020/2020 and pass Counsel for the Petitioner: SODUM ANVESHA Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:HARINATH N (Asst Solicitor General) The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20020 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the 4th Respondent in issuing Leave India Notice. vide C.No.83/FR- FRROXDP/2018-2020. dt.I9.9.2020. without extending the grant of Entry Visa to the Petitioner bearing No.VJ52323M as illegal, irregular. arbitrary, unconstitutional. unja.,tified and ansuitainable and contrary to International Covenant of 1966 on Civil and Political Rights and set aside the same and consequently direct the Respondents to extent the grant of Entry visa bearing no. VJ5232364 of the petitioner and pass…” 2. Heard Sri Srinivasulu Kurra, learned Counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner submits that during the pendency of the writ petition, the husband of the petitioner, who was an Indian national, passed away. The petitioner, a foreign nationalist and is presently residing in India along with her three minor children, all of whom are Indian citizens. It is submitted that by virtue of interim protection granted by this Court on 06.11.2020, setting aside the proceedings dated 19.09.2020 issued by the 4th respondent, the petitioner has been continuing in India. Learned counsel further submits that the petitioner, being the wife of an Indian citizen and mother of three Indian nationals, intends to continue her stay in India and to apply for Indian citizenship in accordance with law. It is stated that the rejection of her earlier request for extension of visa was on grounds that are either untenable or have now been rectified. One of the reasons cited was that her name was incorrectly reflected in the ration card, which was an inadvertent mistake not attributable to her. Another objection was that 4 immovable property was purchased in her name. Learned counsel submits that the said property has since been transferred to the names of her children, who are Indian nationals. 4. Learned Assistant Government Pleader for Home, on instructions submitted that the petitioner is a foreign nationalist and has no vested right to stay in India except in accordance with the terms and conditions of the visa granted to her. It is submitted that the decision of the authorities in issuing the Leave India Notice dated 19.09.2020 and rejecting her extension request was taken in accordance with the governing rules, keeping in view considerations of national interest and policy. It is further submitted that while the petitioner may be entitled to make a representation for extension of visa. 5. Having regard to the submissions and considering the facts of the case, particularly that the petitioner is the widow of an Indian citizen and the mother of three Indian children, this Court deems it appropriate to dispose of the writ petition with liberty to the petitioner to submit a fresh representation to the Ministry of Home Affairs for extension of her visa and for consideration of her claim for permanent stay in India, in accordance with law. The Ministry of Home Affairs, on receipt of such representation, is directed to consider and pass appropriate orders strictly in accordance with the governing rules and law, as expeditiously as possible, preferably within a period of three months from the date of receipt of such representation. Till such decision is taken by the Ministry of Home Affairs, the interim protection already granted by this Court vide order dated 06.11.2020 shall continue to operate. 6. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.09.2025 KKV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.20020 of 2020 Dated.09.09.2025 KKV