Bombay High Court
Prashant Marutirao Vitankar vs Union Of India And 2 Ors on 2 May, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-OS:7086-DB
13-OSIAL-34259-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 11202 OF 2023
WITH
INTERIM APPLICATION (L) NO. 34259 OF 2023
IN
WRIT PETITION (L) NO. 11202 OF 2023
Prashant Marutirao Vitankar ...Applicant
Versus
Union of India & Ors ...Respondents
Mr. Dhruv Gandhi, i/b Aditya Mehta, Advocates for the
Applicant.
Mr. Deepak Shukla, a/w Y.S. Bhate, Advocates for Respondent
Nos.1 & 2.
Mr. Hafeezur Rahman, Advocate for Respondent No.3.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : MAY 02, 2024
PC :
1. The above Writ Petiton is filed seeking the following reliefs:
"a. Issue a writ of certiorari or any other
appropriate orders or directions calling for
the records pertaining to Office
Memorandum No. 25016/31/2010-Imm.,
dated 27th October 2010, issued by the
Digitally
signed by
ASHWINI
ASHWINI
JANARDAN
JANARDAN VALLAKATI
Ministry of Home Affairs (Foreigners
VALLAKATI Date:
2024.05.03
+0530
MAY 02, 2024
Ashwini Vallakati
13-OSIAL-34259-2023.doc
Division), a copy of which along with
subsequent amendments has been annexed
hereto as Exhibits A to E, and after
perusing the legality and propriety of the
process, be pleased to quash and set aside
Office Memorandum No. 25016/31/2010-
Imm., dated 27th October 2010 along with
all the subsequent amendments on the
ground that they are violative of Articles
14, 19 and 21 of the Constitution of India,
arbitrary and non-est;
b. Without prejudice to prayer clause (a), a
writ of certiorari or any other appropriate
orders or directions calling for the records
pertaining to Circular No. 25016/102017-
Imm. (Pt) dated 12th October 2018
amending Office Memorandum No.
25016/31/2010-Imm., dated 27th October
2010, issued by the Ministry of Home
Affairs (Foreigners Division), a copy of
which has been annexed hereto as Exhibit
E, and after perusing the legality and
propriety of the process, be pleased to
quash and set aside Circular No.
25016/102017-Imm. (Pt) dated 12th October
2018 on the ground that it is violative of
Articles 14, 19 and 21 of the Constitution
of India, arbitrary and non-est;
c. Issue a writ of certiorari or any other
appropriate orders or directions calling for
MAY 02, 2024
Ashwini Vallakati
13-OSIAL-34259-2023.doc
the records pertaining to the Look Out
against the Petitioner, and after perusing
the legality and propriety of the process, be
pleased to quash and set aside the said
Look Out Circular on the ground that it is
violative of Articles 14, 19 and 21 of the
Constitution of India, arbitrary and non-
est;"
2. We find that the issue raised in the above Writ Petition is
squarely covered by a Division Bench judgment of this Court in the case
of Viraj Chetan Shah Vs. Union of India Through The Ministry of Home
Affairs & Anr. (Writ Petition No. 719 of 2020 and other connected
matters decided on 23rd April, 2024).
3. In these circumstances, the Petition partly succeeds and the
LOC issued against the Petitioner at the instance of UCO Bank is
hereby quashed and set aside.
4. The Bureau of Immigration will ignore and not act upon any
LOCs issued at the instance of the UCO Bank against the present
Petitioner. All databases will be updated accordingly. We direct the
Bureau of Immigration and or the Ministry of Home Affairs to do the
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Ashwini Vallakati
13-OSIAL-34259-2023.doc
needful in this regard.
5. We, however, clarify that this order will not and does not
affect any existing restraint order issued by a competent authority,
Court, tribunal, investigative or enforcement agency or an enforcement
of any order of a Court. Where any Court or tribunal has issued a
restraint order (even at the instance of a public sector bank), that order
will continue to operate and the invalidation of the present LOCs cannot
and will not affect such orders.
6. The Writ Petition is accordingly disposed of. However, there
shall be no order as to costs.
7. In light of the disposal of the above Writ Petition, nothing
survives in any Interim Applications pending therein, and the same are
disposed of accordingly.
8. This order will be digitally signed by the Private Secretary/
Personal Assistant of this Court. All concerned will act on production by
fax or email of a digitally signed copy of this order.
[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]
MAY 02, 2024
Ashwini Vallakati
