Delhi High Court - Orders
Anastasiia Pivtsaeva & Anr vs Union Of India & Anr on 31 January, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 436/2023
ANASTASIIA PIVTSAEVA & ANR. ..... Petitioners
Through: Mr. Ashish Dholakia, Sr. Advocate
with Mr. Dhan Mohan, Mr. Ayush
Jain, Mr. Tushar Thakur, Mr.
Yashovardhan Upadhyay & Mr.
Aashish Pandey, Advocates (M-
8010889344)
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr Satya Ranjan Swain, Mr Rahul
Kumar Sharma & Mr Kautilya Birat,
Advocates (M- 8860189238)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 31.01.2023
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioners seeking directions to Respondent No.1 to state the reasons for closure of applications filed on behalf of the Petitioners seeking Overseas Citizen of India (OCI) cards.
3. On the last date of hearing, the Court had directed the Petitioners to place on record the FIRs which were stated to be registered against Petitioner No.1.
4. The FIRs have been placed on record and it is conceded by ld. Counsel for the Respondents that there are no allegations against Petitioner No.1 in the same. However, Mr. Satya Ranjan Swain, ld. Counsel for the Respondents submits that he has received specific instructions from the Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:02.02.2023 13:12:52 Department that during the investigation the name of Petitioner No.1 has come to light.
5. He further submits that in order for the Department to consider issuance of OCI cards, both the Petitioners would have to get their visas renewed which are due to expire shortly.
6. Mr. Dholakia, ld. Senior Counsel for the Petitioners submits that the applications for OCI card were filed by Petitioner No.1 in December, 2021 and by Petitioner No.2 in February, 2022 when their visas were still valid for a considerable period. But unfortunately, the same has not been granted, forcing the Petitioners to file the present writ petition.
7. Let a status report or an affidavit disclosing the material available against Petitioner No.1, be placed on record by the Respondents within a period of two weeks.
8. In the meantime, the Petitioners are free to apply for visa extension within a period of one week. The decision on the said visa extension applications shall be taken within a period of two weeks, thereafter.
9. List this matter on 24th March, 2023.
10. By the said date, the response to this writ petition as also the status of the visa applications shall be placed on record.
PRATHIBA M. SINGH, J.
JANUARY 31, 2023 Rahul/SK Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:02.02.2023 13:12:52