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2025 Supreme(Online)(Kar) 40228

THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
DAVID ABIKZIR – Appellant
Versus
UNION OF INDIA – Respondent
WP 1181/2024



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1181 OF 2024 (GM-PASS)

BETWEEN:

DAVID ABIKZIR S/O ALBERT ABIKZIR AGED ABOUT 45 YEARS RESIDING AT APT NO. 3082 C BLOCK, SHOBHA ROSE, WHITEFIELD MAIN ROAD BANGALORE, KARNATAKA - 560 066.

…PETITIONER (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE)

AND:

Digitally signed by SHWETHA RAGHAVEND RA 1. UNION OF INDIA Location: HIGH THROUGH THE MINISTRY OF HOME AFFAIRS COURT OF FOREIGNERS DIVISION, KARNATAKA NORTH BLOCK NEW DELHI - 110 001, RERPESENTED BY ITS JOINT SECRETARY.

2. UNION OF INDIA THROUGH THE MINISTRY OF EXTERNAL AFFAIRS

74B SOUTH BLOCK, NEW DELHI - 110 001, REPRESENTED BY ITS SECRETARY.

3. FOREIGNERS REGIONAL REGISTRATION OFFICE, 5TH FLOOR, 'A' BLOCK, TTMC, BMTC BUS STAND BUILDING, K.H ROAD, SHANTINAGAR BANGALORE - 560 027.

4. BUREAU OF IMMIGRATION EAST BLOCK-VIII, LEVEL-V SECTOR-1, R.K. PURAM NEW DELHI - 110 066 REPRESENTED BY ITS COMMISSIONER (IMMIGRATION)

…RESPONDENTS (BY SRI. SHANTHI BHUSHAN H, DSGI FOR R1 TO R4)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 01/11/2023 BEARING NUMBER 11/F/BOI/2023- 720 (ANNEXURE-A) AND ORDER DATED 08/11/2023 BEARING NUMBER 05/FRRO/BA/OCI/2023-566 (ANNEXURE-B) ISSUED BY R3 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Petitioner is before this Court seeking for the following reliefs:

"a) Issue writ of certiorari or any other writ, order or direction as this Hon'ble Court may deem fit quashing the notice dated 01.11.2023 bearing number 11/F/BOI/2023-720 (Annexure "A") and order dated 08.11.2023 bearing number 05/FRRO/BA/OCI/2023-566 (Annexure "B");

issued by R3.

b) Issue writ of certiorari or any other writ, order or direction as this Hon'ble Court may deem fit quashing the both emails dated 08.01.2024 issued by Respondent No.3 (Annexure "D" and "E"), permit to exit dated 08.01.2024 bearing service number KA02/EXT/FRA/36/2024 (Annexure "C").

c) Consequently, declare that the Petitioner is an overseas citizen of India;

d) In the alternative, permit the Petitioner to reside in India until consideration of employment visa dated 10.01.2024 by the Respondents No.3 at Annexure-C and permit to complete all formalities for the visa from India.

e) Grant such other further reliefs as this Hon'ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity."

2. Learned counsel for the petitioner has filed a memo seeking permission of the Court to withdraw the writ petition.

3. Placing the memo on record, the writ petition is dismissed as withdrawn reserving liberty to the petitioner to agitate the issue, if any fresh cause of action arises.

SD/-

(SURAJ GOVINDARAJ)

JUDGE VM List No.: 1 Sl No.: 91

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