Zaheer Ahmad Sultan v. Foreginers Registration Office Police Commissioner Office, And ANR

904-WP-3076-2024.DOC S.R.JOSHI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.3076 OF 2024 Zaheer A. Sultan ... Petitioner

Versus

Foreigners Registration Office & Others

...Respondents

Mr. Zaid Anwar Qureshi, for the Petitioner.

Mr. Jitendra B. Mishra with Ms. Sangeeta Yadava and Mr. Ashutosh Mishra, for Respondent-UOI.

_______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

18th APRIL, 2024 _______________________ P.C.

Digitally signed by SMITA RAJNIKANT JOSHI Date:

2024.04.19 00:53:46 +0530 SMITA RAJNIKANT JOSHI On 17th April, 2024 we passed the following order:- "1 We are informed by learned counsel for the petitioner that the petitioner would purchase an air ticket as he has already been granted U.S.A. Visa and will leave India within one week from today. We accept the statement as made on behalf of the petitioner. To enable the petitioner to place on record his affidavit to that effect as also the air ticket, we adjourn the matter for tomorrow i.e. 18 April, 2024. To be listed first on the supplementary board.

2. The petitioner shall also place on record an affidavit stating that he will leave India within one week from today."

Pursuant to the said Order, the Petitioner has placed on record additional Affidavit, which reads thus:- 18 April, 2024

904-WP-3076-2024.DOC " I, Ahmad Sultan Zaheer, aged 30, residing at A-504, Ashwini Palace, Wanworie, Pune 411 040, do hereby solemnly affirm and declare as follows:

1 I am the petitioner in the above-mentioned writ petition pending before this honorable court.

2 I am pleased to affirm that I have successfully obtained my USA visa.

3 I solemnly declare that I intend to book my tickets and depart from India within the next seven days from the date of this affidavit.

4 I assure this honorable court of my full compliance with all necessary procedures and regulations pertaining to my departure from India.

5 I affirm that the statements made herein are true to the best of my knowledge, information, and belief."

According to the Affidavit, the Petitioner has undertaken to depart from India within next seven days i.e. on 25th April,2024. We accept the said statement as made in the Affidavit.

Accordingly, ad-interim orders passed in this Petition will continue to operate for a period of seven days from today, after which the impugned order shall become operational and the authority is free to take appropriate steps in the event the Petitioner overstays in breach of the aforesaid undertaking.

In the above circumstances, further adjudication of the Petition is not called for. It is accordingly disposed of. It is made clear that no further extension will be granted to the Petitioner as the Petitioner has already been granted a visa. (FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 18 April, 2024