ARENI LOTHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P. Pius Lotha, learned counsel for the petitioner, Mr. K. Meruno, learned Assistant Solicitor General (ASG) for the Union of India as well as Mr. L. S. Jamir, learned Addl. Sr. Govt. Advocate for the State respondents.

(2.) On 8.11.05 when this writ petition was moved challenging the notice/order dated 23.6.05 issued by the respondent No. 3, Superintendent of Police, Dimapur, Nagaland by which the husband of the petitioner Mr. Khaled Hassan Matter Abdul Razak, was informed that Protected Area Permit (PAP), issued to him, was cancelled with a direction to report to the said officer to carry out the instruction of the Govt. to deport him ordering therein itself that if he was not in Dimapur presently, he was directed not to enter Dimapur. Notice of motion was issued to the respondents making the same returnable within 2 (two) weeks and the learned counsel appearing for all the official respondents accepted those notices.

(3.) On the prayer for consideration of passing an interim order staying the impugned notice dated 23.6.05 so made by the learned counsel for the petitioner, this Court on 24.11.05, after hearing the learned counsel for all the parties, directed the learned CGSC to obtain instruction in connection with the said prayer fixing the matter on 7.12.05 and till the returnable date, the operation of both the impugned notice dated 23.6.05 issued by the respondent No. 3 as well as the letter dated 17.8.05 issued by the Joint Secretary (F), Ministry of Home Affairs, Govt. of India (Annexure-X & IX respectively to the writ petition) was stayed.