Karnataka High Court
Sri Mohhamed Noman vs Union Of India on 8 February, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2024:KHC:5403-DB
WA No. 29 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT APPEAL NO. 29 OF 2024 (GM-RES)
BETWEEN:
SRI. MOHHAMED NOMAN
AHMED ALMERI
AGED ABOUT 47 YEARS
R/A #88, 3RD CROSS
AREKERE LAKSHMI LAYOUT
IIMB POST, BANNERGHATTA ROAD
BENGALURU-560 076 ...APPELLANT
(BY SHRI. VENKATESH S. ARABATTI, ADVOCATE)
AND:
1. UNION OF INDIA
REPRESENTED BY SECRETARY
Digitally signed TO GOVERNMENT OF INDIA
by YASHODHA N MINISTRY OF OVERSEAS INDIA AFFAIRS
Location: HIGH NORTH BLOCK
COURT OF NEW DELHI-110 001
KARNATAKA
2. THE GOVERNMENT OF INDIA
REPRESENTED BY ITS SECRETARY
TO GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
NORTH BLOCK
NEW DELHI-110 001
3. FOREIGNERS REGIONAL
REGISTRATION OFFICER
FOREIGNERS REGIONAL
REGISTRATRION OFFICER
BMTC BUS STAND, 5TH FLOOR
"A" BLOCK, TTMC BUILDING
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NC: 2024:KHC:5403-DB
WA No. 29 of 2024
K.H.ROAD, SHANTI NAGAR
BENGALURU-560 037
KARNATAKA ...RESPONDENTS
(BY SHRI. H. SHANTHI BHUSHAN, DSGI)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 20.12.2023
PASSED BY THE SINGLE JUDGE OF THIS HON'BLE COURT IN
WP NO.15631/2023 AND CONSEQUENTLY ALLOW THE WRIT PETITION AS
PRAYER FOR AND DIRECT THE DETENTION CENTRE, NELAMANGALA,
BANGALORE TO RELEASE THE APPELLANT FROM THEIR CUSTODY AND ETC.
THIS WRIT APPEAL, COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed challenging the order dated
December 20, 2023 in W.P.No.15631/2023 passed by this court.
2. Heard Shri Venkatesh S.Arabatti, learned advocate for the
appellant and Shri H.Shanthi Bhushan, learned DSGI for the
respondents.
3. Shri Arabatti urged a solitary ground that the appellant
has filed an application for extension of visa as per 'Annexure-L'
on 15.06.2023. Third respondent-FRRO1 has sought for
extra documents on the very same day at 12:29 p.m.,
and appellant's application has been rejected at 4:05 p.m.,
Foreigners Regional Registration Officer
NC: 2024:KHC:5403-DB
on the very same day. He submitted that the rejection as per
'Annexure-M' does not contain any reasons.
4. To a pointed question whether this ground was urged
before the Hon'ble Single Judge, in his usual fairness,
Shri Arabatti submitted that this contention was not urged.
We may also record that Shri Rahamathullah Kothwal, learned
advocate who has argued writ petition before the Hon'ble Single
Judge, who is also present before this court, has also confirmed
that this contention was not urged.
5. In view of the above, this appeal is misconceived and
it is accordingly dismissed.
6. In view of disposal of this appeal, pending interlocutory
applications, if any, do not survive for consideration and
they stand disposed of.
No costs.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
