1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 870 OF 2009. Mr. Benedito Fernandes, r/o H. No. 43/3, Karaswado, Behind Vaibhav Apartmewnts, Mapusa, Goa. .. Petitioner. V/s 1. STATE OF GOA. through the Chief Secretary, having office at Secretariat, Porvorim, Goa. 2. The Under Secretary (Home), F&CD, Home Department, Government of Goa, Secretariat, Porvorim, Goa. 3. Union of India, through the Ministry of Home Affairs, New Delhi. .. Respondents. Mr. Nitin Sardessai, Advocate for the Petitioner. Ms. W. Coutinho, Government Advocate for Respondent Nos. 1 & 2. Mr. C. A. Ferreira, Asst. Solicitor General for Respondent No. 3. Coram :NARESH H. PATIL, J. :N. A. BRITTO, J. Dated: 4th February, 2010. 2 ORAL JUDGMENT (Per. Naresh H. Patil,J.) 1. Rule returnable forthwith in terms of prayer (a). 2. The show-cause notice came to be issued by the Special Secretary Home, dated 29.2.2008 against Mr. Leonid Beyzer a Russian National, holder of Passport No. 60 No. 5428437 dated 2.10.2003 which was valid till 2.10.2008. By communication dated 12.5.2009, Mr. Leonid Beyzer filed reply addressed to the Special Secretary Home, Government of Goa, in response to the show-cause notice. 3. The submissions of the learned Counsel appearing for the petitioner is that as no steps were taken pursuant to the show-cause notice, the petitioner approached this Court by petition filed on 15.12.2009. 4. The learned Public Prosecutor filed affidavit in reply through Mr. Rajendra R. Gawandalkar, Under Secretary (Home-I), Government of Goa. The affiant states that Mr. Leonid Beyzer had 3 left the country in 2008 subsequent to the issue of show-cause notice and considering that the Government of India subsequently extended the visa facility on 2 occasions to the said Leonid Beyzer, the show-cause notice issued to said Leonid Beyzer does not survive. In facts of the case, we find the stand adopted by Special Secretary Home, is not sustainable. Considering the issues raised in show- cause notice, we find that leaving the country by Mr. Leonid Beyzer in between and his re-entry in India does not make the show-cause notice redundant. The show-cause notice still survives for its consideration on merits. 5. We therefore, direct the respondent No. 2 to deal with the issue accordingly and pass appropriate orders after hearing Mr. Leonid Beyzer and considering the entire record, reports as the authorities deem fit. 6. We express no opinion on the merits of the grounds raised in the show-cause notice. 7. The respondent No. 2 is directed to comply with this order within four weeks from today. 4 8. Rule made absolute, in the above terms. NARESH H. PATIL, J. N. A. BRITTO, J. MF/-