Surinder Singh v. Union of India and Ors.

1. The prayers in the present Petition read as follows: “a) Pass an appropriate writ/order/direction to the Respondents 1 & 2 to consider hear and decide the requests and applications already submitted by the Petitioner for Resumption of Citizenship of India as per the provisions of law and pass necessary orders as per law; and b) Pass an appropriate writ/order/direction to the Respondents No.1 & 2 to dispose off the said requests and applications submitted by the Petitioner for Resumption of Citizenship of India as per law at the earliest and not later than a period of 90 days from the date of the said order; and c) Pass an appropriate writ/order/direction to the Respondents No.1 & 2 to either grant or refuse the requests and applications already submitted by the Petitioner for Resumption of Citizenship of India as per the provisions of law; d) Pass any other or further orders and/or directions this Hon’ble Court may deem fit and proper in the facts and circumstances of the present Writ Petition;”

2. After some arguments, learned Counsel for the Petitioner submits that he may be permitted to apply afresh for redressal of his grievances before the Respondents. Learned Counsel submits that the Petitioner has already made a representation in 2017, however, he has received no response to the same.

3. Accordingly, with the consent of parties, the matter is taken up for hearing and disposal today.

4. The following directions are passed:

(i) Let the present Writ Petition be treated as a representation. The

Petitioner is also at liberty to file an additional affidavit in support of its contention before the Respondent No.2 within a period of four weeks from today;

(ii) The Petitioner and/or his authorized representative will be given an opportunity to be present, virtually or physically, before the concerned official of the Respondent No.2, for a hearing on a date to be mutually decided by the parties;

(iii) The Petitioner is permitted to produce any additional facts or documents in support of his contentions, at the time of the hearing before the concerned Authority.

(iv) In the event, if it is deemed necessary, that there is a need for more than one hearing, the Petitioner and Respondent No.2 may mutually schedule such additional hearings amongst themselves as well;

(v) In the event that there is any requirement for filing of additional documents or clarification, the Respondent No.2 shall ensure that these are obtained from the Petitioner expeditiously so as not to delay adjudication.

(vi) Once the hearing in the matter is concluded, the Respondent No.2 shall pass a reasoned and Speaking Order deciding the representation of the Petitioner within a period of 12 weeks from the date of such hearing;

(vii) The Speaking Order shall be communicated to the Petitioner under acknowledged postal service and e-mail.

5. It is clarified that the proceedings shall be conducted de novo by the Respondent No.2 keeping in mind the orders passed by this Court from time to time.

6. Needless to add, that in the event the Petitioner is aggrieved with the order passed by the Respondent No.2, he may take appropriate steps in accordance with the law. All rights and contentions of the parties are left open in this regard.

7. The present Petition is accordingly disposed of in the aforesaid directions. Pending Application stands closed.