NASIMA ABBAS PARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is a Pakistani national. She came to India in April 1982 on a visa which was valid for 90 days and was thereafter extended from time to time till 16th September, 1982. On 16th May, 1982, the petitioner made an application to the State Government to grant her permission for permanent stay in India since she had married a citizen of India. The petitioner claimed that during her stay in India she was married with one Abbas Abdul Parkar, a resident of Kalusta, Taluka Chiplun, District Ratnagiri in accordance with Muslim religious rites. Since there was no response to the said application, the petitioner made a fresh application under letter dated 16th September, 1982, requesting the authorities to allow her to stay in India on permanent basis. The petitioner also made a request that pending Government decision for her permanent stay, her visa may be extended on long term basis. She stated that her husband is willing to furnish financial guarantee and comply with all the requirements in this behalf.

(2.) By letter dated 29th November, 1982, the Superintendent of Police, Ratnagiri informed the petitioner that long-term visa will be granted to her if she complies with the following conditions :-

(3.) Now the short grievance of the petitioner is that the State Government is not passing any orders on the petitioner's application for permission of permanent stay despite lapse of more than ten years. The Government has chosen not to file any reply to the petition and there is no explanation as to why the petitioner's application has been kept pending for such a long time. Mr.Sonawane, learned A.G.P., is also unable to give any explanation for such long and unreasonable delay in deciding the application. It appears that by an interim order of this Court dated 28th February, 1992 the State Government was directed to dispose of the application. It is an admitted position that till today orders are not passed. In these circumstances, rule is liable to be made absolute in terms of prayer clause (a). The State Government is directed to decide the petitioner's application within six months from today. No order as to costs.