Shri B.S.V.S. Dharmavathar vs. Bureau Of Immigration, And Another
Facts
The petitioner, Shri B.S.V.S. Dharmavathar, filed a writ petition before the High Court of Telangana challenging a Look Out Circular (LOC) issued against him by the respondents. The petitioner sought an order to declare the LOC as illegal and an abuse of authority, and to direct its withdrawal. He also filed an interim application seeking suspension of the LOC to permit him to travel to the United States of America for four weeks. The matter was adjourned at the request of the respondents. Subsequently, the first respondent informed the Court that the LOC had been withdrawn on July 3, 2020, rendering the writ petition infructuous.
Held
The Court noted the submission made by the learned counsel for the first respondent that the Look Out Circular issued against the petitioner had been withdrawn on July 3, 2020. The learned counsel appearing for the petitioner did not dispute this submission. Consequently, the Court recorded the submission of the first respondent and closed the writ petition. The Court found that the cause in the writ petition no longer survived for adjudication as the LOC had been withdrawn. No order as to costs was made. Pending miscellaneous petitions, if any, were also closed.
Key Issues
1. Whether the Look Out Circular issued against the petitioner is illegal and contrary to law, constituting an abuse of authority and process of law, as contended by the petitioner. 2. Whether the petitioner is entitled to a direction for the withdrawal of the Look Out Circular. Contentions of the Petitioner: The petitioner argued that the issuance of the Look Out Circular was illegal and an abuse of authority. He sought a writ of mandamus to declare the action of the respondents as illegal and to direct the withdrawal of the LOC. He also sought interim relief to suspend the LOC and permit him to travel abroad. Contentions of the Revenue/State: The first respondent informed the Court that the Look Out Circular issued against the petitioner had been withdrawn on July 3, 2020. The learned counsel for the petitioner did not dispute this submission.
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) IUONDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE Between: Shri B.S.V.S. Dharmavathar, S/o Late B.BapiRaju aged about 54 years Flat No. H.2,2nd Floor, Occ. Business, Trendset Vantage, Road No.14 Banjara Hills, Hyderabad ...PETITIONER Bureau of lmmigration, lt4inistry of Home Affairs, Government of lndia, represented by its Commissioner (lmmigration), East Block - Vlll, Level V, Sector 1, R.K. Puram, New Delhi Hyderabad GST Commissionerate, Represented by Principal Commissioner, CGST and Central Excise Basheerbagh, Hyderabad-500004. 1 2 ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to a) to issue order, writ or direction more particularly one in the nature of Writ of [\,4andamus declaring the action of the Respondents in issuing look out circular against the Petitioner as illegal and contrary to law as an abuse of authority and process of law. b) Direct the Respondents to withdraw the Look Out Circular issued against the Petitioner lA NO: 1 OF 2021 Petition und
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Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.