Recently, the Karnataka High Court has upheld a “Leave India Notice” issued to a foreign national, reiterating that the right to reside or carry on business in India is not available to non-citizens and is strictly governed by visa conditions and sovereign powers of the State.
The case arose from the issuance of a “Leave India Notice” by the Foreigners Regional Registration Officer directing the petitioner, a French citizen, to leave India forthwith. The petitioner, who was residing in Gokarna and holding a valid passport and tourist visa, challenged the notice before the Court, contending that his entry and continued stay in India were lawful and that the notice was issued abruptly through WhatsApp without any prior hearing
The counsel for the Petitioner argued that the impugned notice was arbitrary, passed without assigning reasons and in violation of principles of natural justice. He further contended that the action infringed his right under Article 21 and that, being a lawful visa holder, he was entitled to continue his stay. On the other hand, the Respondent authorities justified the action by relying on intelligence inputs and law enforcement reports indicating that the petitioner had violated visa conditions by engaging in commercial activities, including running a restaurant, and that his conduct raised concerns affecting public order.
The Court, after examining the material on record, held that the action of the authorities was based on credible inputs and did not suffer from arbitrariness. It categorically observed that “a foreign national cannot claim, as a matter of right, entitlement to continue his stay in India or to engage in commercial activities,” and clarified that while Article 21 extends to all persons, it does not include a right to reside or conduct business in India.
The Court further emphasised that “when the competent authority… arrives at a subjective satisfaction that the continued stay… is not conducive to public order… the issuance of a ‘Leave India Notice’ cannot be lightly interfered with,” thereby recognising the wide powers of the State in regulating foreign nationals. Rejecting the plea of violation of natural justice, the Court held that “the doctrine of natural justice is not an unruly horse and must yield to the exigencies of administration,” especially in matters concerning national interest and regulation of foreigners.
The writ petition was dismissed, the “Leave India Notice” was upheld, and the Petitioner was directed to leave India within seven days, failing which the authorities were permitted to take necessary action in accordance with law.
Case Title: Christophe Stephane Monxion v. Foreigners Regional Registration Officer
Case No.: W.P. No. 10453 of 2026
Coram: Hon’ble Mr. Justice Sachin Shankar Magadum
Advocate for the Appellant: Sri. Nitin A.M., Advocate
Advocate for the Respondent: Sri. H. Shanthibhushan, DSGI
Read Judgment @Latestlaws.com
Picture Source :
