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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 3^RD DAY OF DECEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO. 22003 OF 2021(GM-PASS)

BETWEEN:

LI DONG,

D/O LI JING HUA,

AGED ABOUT 42 YEARS OLD,

RESIDING AT SCOTT’S BUNGALOW,

B113, WARD 8, SRIRANGAPATNA,

MANDYA, KARNATAKA,

PINCODE – 571 438.

...PETITIONER

(BY SRI. AJESH KUMAR S, ADVOCATE)

AND:

1. UNION OF INDIA,

MINISTRY OF EXTERNAL AFFAIRS,

REPRESENTED BY ITS CHIEF SECRETARY,

CENTRAL REGISTRY,

SO (R&D), 74B, SOUTH BLOCK,

NEW DELHI – 11.

2. FOREIGNERS REGIONAL REGISTRATION OFFICE (“FRRO”)

REPRESENTED BY MR. LABHU RAM, OFFICER

BMTC BUS STAND, 5^TH FLOOR, ‘A’ BLOCK,

TTMC BUILDING, K H ROAD,

SHANTI NAGAR, BENGALURU,

KARNATAKA – 560 027.

… RESPONDENTS

(BY SRI. H SHANTHI BHUSAN, ASG)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

DIRECT THE RESPONDENT AUTHORITIES TO PROCESS AND

ISSUE THE PETITIONER HER VISA EXTENSION PURSUANT TO

ANNEXURE-M, N AND P.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:-

R

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ORDER

Petitioner a national of People’s Republic of China is

once again knocking at the doors of Writ Court seeking an

appropriate order that would facilitate the extension of her

stay on Indian soil indefinitely, the extension of her Visa

granted on a few occasions having already expired; she

also seeks to lay a challenge to the Leave India Notice that

eventually resulted into issuance of a series of Exit

Permits, the latest being dated 11.11.2021.

2. Learned Asst. Solicitor General of India Mr.

Shanthi Bhushan on request having accepted notice for

the respondents, opposes the writ petition making

submissions in justification of the impugned orders and

the circumstances that resulted into their issuance.

3. Having heard the learned counsel for the parties

and having perused the Petition Papers, this Court

declines to grant indulgence in the matter for the following

reasons:

(a) Petitioner admittedly is a foreigner; the rights &

obligations of the foreigners are inter alia governed by the

Foreigners Act, 1946 and the Orders promulgated

thereunder; she was granted the e-Visa dated 22.06.2019

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valid for a period of 365 days in terms of Annexure-C,

subject to the condition that the ‘continuous stay during

each visit should not exceed 180 days’; petitioner was

issued Leave India Notice on 30.10.2019; however, in her

letter dated 21.04.2021, she specifically admits “I left India

two months late instead of immediately”;

(b)

On 19.02.2020, petitioner initially was given a

reprieve of one month due to spread of COVID-19 in

China; the same was extended for one more month on

30.03.2020; thereafter, she was issued multiple reminders

cum the Exit Permits specifically warning her to “LEAVE

INDIA

ON

FIRST

AVAILABLE

FLIGHT

AFTER

RESUMPTION OF INTERNATIONAL FLIGHT OPERATIONS

FROM INDIA”; she herself has produced copies of all these

permits.

(c) Petitioner had requested for the extension of her

stay; no decision having been taken thereon, she was

before this Court in W.P.No.8461/2021 which came to be

disposed off by a Co-ordinate Bench of this Court vide

judgment dated 24.03.2021 reserving liberty to her to

make a representation within 15 days and that till a

decision thereon was taken she was permitted to stay on

the Indian soil; petitioner accordingly had made a

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representation on 07.05.2021 wherein she had made some

grievance against the Visa Authorities in not recalling the

Leave India Notice.

(d)

At paragraph 9 of her above representation this

is what the petitioner has said:

“9. I am aware that the Leave India Notice

dated Oct.30, 2019 is the reason for the issuance

of Exit Permit dated Feb.07, 2020 and for the

Refusal of Extension of Exit Permit dated April

19, 2021. Since the LIN has caused me so

much grief and I have not been able to

understa