BHANWAROO KHAN Vs. UNION OF INDIA
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
UNION OF INDIA
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Bhan, J. -
(1.)This judgment shall dispose of Civil Appeal No. 10224 of 1995 directed against the Division Bench judgment of the Rajasthan High Court arising from Civil Writ Petition No. 837 of 1987 decided on 17th May, 1994 and Writ Petition (C) No. 737 of 1995 filed in this Court challenging the order made by the Government of India (Annexure D in the writ petition) dated 21st July, 1995 determining the national status of the petitioners under S. 9(2) of the Citizenship Act, 1955 (for short "the Act").
(2.)The parties would be referred by their original status in the appeal as appellant Nos. 1 and 2 (who are the writ petitioners Nos. 1 and 2) and the respondent as the Government of India.
(3.)The appellant No. 1, Bhanwaroo Khan and the appellant No. 2-wife of the appellant No. 1, are said to be residents of village Hammoosar, Tehsil Ratangarh, in the State of Rajasthan and at present residing at Sardar Sahar, District Churu, Rajasthan. They had left India after partition of the country and became citizens of Pakistan. After obtaining passports from the Pakistan as nationals/citizens of Pakistan and after obtaining visas from Indian High Commission in the year 1955, the appellants entered India via Atari Check Post, Border of Punjab on 12th February, 1955. According to the procedure a foreigner coming from Pakistan is required to attend the office of the Registration Authority of the District in which they have to stay. The appellants reported to the District Superintendent of Police, Churu on 14th February, 1955 about their arrival to India and an entry was made in the Register of Foreigners visit on Serial No. 31. The appellants thereafter reported at the Police Station, Ratangarh on the same day. Again on 7th May, 1955 the appellants attended the Police Station, Ratangarh and informed that they were leaving India for Pakistan by night train and accordingly an entry was made in the Register at Serial No. 6.
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