Jayant Kumar Chandubhai Patel v. Union of India and Anr.

1. This hearing has been done through hybrid mode.

2. The present petition seeks directions against the Respondents to pass a decision on the review application filed by the Petitioner on 10th October, 2022, before the Respondents, under Section 15A of the Citizenship Act,

1955. The said application seeks review of the revocation of the Overseas Citizen of India (OCI) status of the Petitioner, by the Government of India vide email dated 24th May, 2018.

3. The Petitioner is of Indian Origin and is currently a British Citizen. The Petitioner was issued a OCI Card No.A2892864 having a lifelong visa under Section 7A of the Citizenship Act, 1955 on 28th November, 2017. However, on 8th March, 2018, he was stopped from entering India and was flown back from Chatrapati Shivaji International Airport, Mumbai to Dubai International Airport. Subsequently, on 24th May, 2018, the Petitioner received an email informing him that the OCI card issued in his name is cancelled. Upon receiving this email, the Petitioner had preferred a writ petition before the Supreme Court being W.P.(C) 1043/2018 titled Jayant Kumar Chandibhai Patel v. UOI & Ors., which was decided on 12th September, 2022 in the following terms: “Learned counsel for the petitioner seeks permission to withdraw this petition with liberty to take recourse to such other appropriate remedies as are available in law. Accordingly, the Writ Petition is disposed of as withdrawn with liberty as prayed for.”

4. Thereafter, the Petitioner submitted an application seeking review of the cancellation on 10th October, 2022 and has also followed up on the same, however, no decision has been taken. The prayer of the Petitioner is that the Respondents ought to take a decision on the review application in an expeditious manner.

5. The case of the Petitioner is that the authorities appear to have confused his name or identity with one “Jayant Kumar Chandbhai Patel”, and not the Petitioner. Though the said name is similar to that of the Petitioner, the middle name is not the same. The said individual’s second middle name is “Chandbhai”. Contrarily, the Petitioner’s name is “Chandubhai”.

6. Heard. Considering that the review application has already been filed in October, 2022, the submissions made by the Petitioner in the present writ petition be also considered by the Respondents. For this purpose, the Petitioner may appear before the authorities on 10th January, 2023, through an authorized representative. The decision on the said representation be taken by 25th January, 2023. The said decision shall be communicated to the Petitioner. All remedies of the Petitioner qua the said decision are left open.

7. With these observations the writ petition, along with all pending applications is disposed of.

PRATHIBA M. SINGH JUDGE DECEMBER 22, 2022 dj/ms