GHAURUL HASAN Vs. STATE OF RAJASTHAN
LAWS(SC)-1961-4-5
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on April 05,1961

GHAURUL HASAN Appellant
VERSUS
STATE OF RAJASTHAN Respondents




JUDGEMENT

Sarkar, J. - (1.)The petitioners were born in India before the commencement of the Constitution. Sometime in 1947, they \vent 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.
(2.)In December l956, they applied to the Collector of Nagaur in Rajasthan where they resided, for registration as citizens of India. On December 19, 1956, the Collector of Nagaur issued certificates of registration to them under S. 5 (1) (a) of the Citizenship Act, 1955. Subsequently on February 5, 1957, two of the petitioners made applications for grant of citizenship certificates to their minor children under S. 5(1)(d) of that Act. On February 6, 1957, an officer of the Collectorate of Nagaur took back the registration certificates issued to petitioners Nos. 2 and 3 on the representation that they were required for recording in them the names of the minor children for whose registration as citizens of India applications had been made. On February 8, 1957, notices were issued by the Collector of Nagaur cancelling the registration certificates issued to the petitioners and directing them to return to Pakistan within three days.
(3.)The petitioners have presented this petition for a writ quashing the order of the Collector of Nagaur cancelling their registration as citizens of, and requiring them to leave, India. The respondents to this petition originally were the State of Rajasthan and the Collector of Nagaur. Subsequently, under our order notice of the petition was given to the Union of India and the Union has appeared.


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