SATAR SHEIKH Vs. UNION OF INDIA
HIGH COURT OF CALCUTTA
UNION OF INDIA
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(1.) THIS Rule is directed against an order made on the petitioner by respondent No. 5, who is a Civil Authority in the district of Murshidabad, under Rule 3 of the Foreigners Order, 1948, directing the petitioner to leave India within seven days.
(2.) THE petitioner alleges that he was born in village Baleshyampur, Police Station Bhagabangola, in the district of Murshidabad. He says that he has ancestral dwelling house and properties in the said village and that his wife and children also live in that village. In the year 1918, he says, he was recruited as a "gangman" in the East Indian Railway, was posted at Bhagabangola and served in that position continuously up to the year 1947. On the eve of partition of India, he opted for service in East, Pakistan and was posted at Rajsahi, where he worked between 1947 and 1955.
(3.) THE petitioner attempts to give an explanation as to why he opted for Pakistan. He says that he was under a misapprehension that under the Radcliff Award Murshidabad district would fall in the share of Pakistan and since he did not want to leave his native district and to be posted elsewhere, he made the choice of service under the Government of Pakistan, only to be disillusioned about his mistake when it was too late.;
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