9911796707
TMI Blog1961 (4) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... and P. Gupta JUDGEMENT SARKAR, A.K., J The petitioners were born in India before the commencement of the Constitution. Sometime in 1947, they went away to the territory since included in Pakistan. They used to come to India from time to time and the last time that they came, was in April, 1956. Each time they came to India, they did so on passports issued by the Government of Pakistan. In Dece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agaur canceling the registration certificates issued to the petitioners and directing them to return to Pakistan within three days. The petitioners have presented this petition for a writ quashing the order of the Collector of Nagaur canceling their registration as citizens of, and requiring them to leave, India. The respondents to this petition originally were the State of Rajasthan and the Coll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Collector. They also contended that their registration as citizens could not be cancelled under sub-sec. (2) of s. 10. They pointed out that subsection (2) started with the words "Subject to the provisions of this section" and contended that the powers under that subsection could, therefore, be exercised subject to the other provisions of s. 10. They then referred to sub-sec. (l) of s. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This power cannot, therefore, be exercised unless such fraud, false representation or suppression of a material fact exists. It was contended by the respondents that the petitioners had obtained registration as citizens of India by suppressing the fact that they had earlier applied to the Government of India for long term visas for permanent settlement in India which had been refused by that Gove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ancel it. We are entirely unable to agree that a. 21 conferred on the Collector any such power. The orders mentioned in that section are not orders of the kind contemplated in s. 5 of the Citizenship Act. It seems to us therefore that the orders canceling the registration of the petitioners as citizens were wholly illegal and unsupportable and they are accordingly set aside. The petitioners will ..... X X X X Extracts X X X X X X X X Extracts X X X X
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