BHANWAROO KHAN Vs. UNION OF INDIA
LAWS(SC)-2002-4-108
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on
April 02,2002
BHANWAROO KHAN
Appellant
VERSUS
UNION OF INDIA
Respondents
Cited Judgements :-
MUSTT. HALIMA KHATOON VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2013-2-57] [REFERRED TO]MOHAMMAD HASSAN JAFARI NAEIMI VS. UNION OF INDIA [LAWS(BOM)-2013-9-5] [REFERRED TO]
SAJIRAN NESSA @ SAJIRAN KHATUN VS. STATE OF ASSAM, THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AFFAIRS, DISPUR GHY [LAWS(GAU)-2009-12-74] [REFERRED TO]
AFUJA BEGUM @ AFRUJA BEGUM VS. UNION OF INDIA [LAWS(GAU)-2018-4-78] [REFERRED TO]
ANJANA BISWAS VS. UNION OF INDIA [LAWS(GAU)-2022-9-129] [REFERRED TO]
BARUN SAHA VS. UNION OF INDIA ORS [LAWS(GAU)-2010-1-59] [REFERRED]
UTTAM CH DAS VS. UNION OF INDIA AND ORS [LAWS(GAU)-2010-1-57] [REFERRED]
SALAM DEWAN VS. UNION OF INDIA AND ORS [LAWS(GAU)-2009-12-72] [REFERRED]
SHAH MOHAMMED ANWAR ALI VS. STATE OF ASSAM [LAWS(GAU)-2014-6-1] [REFERRED TO]
MOTIMIYA RAHIMMIYA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-9-121] [REFERRED TO]
KIRAN GUPTA, WIFE OF ASHOK PRASAD GUPTA VS. STATE ELECTION COMMISSION [LAWS(PAT)-2020-10-8] [REFERRED TO]
KIRAN GUPTA, WIFE OF ASHOK PRASAD GUPTA VS. STATE ELECTION COMMISSION [LAWS(PAT)-2020-10-8] [REFERRED TO]
MALEK UDDIN @ ABDUL MALEK @ MALEK VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2009-12-67] [REFERRED TO]
SHAH MOHAMMED ANOWAR ALI VS. STATE OF ASSAM [LAWS(GAU)-2014-1-26] [REFERRED TO]
MOSLEM MONDAL VS. UNION OF INDIA [LAWS(GAU)-2010-2-1] [REFERRED TO]
JAYANTI BARMAN VS. STATE OF ASSAM AND ORS [LAWS(GAU)-2009-12-69] [REFERRED]
MOHD. QAMAR VS. UOI & ORS [LAWS(DLH)-2017-3-318] [REFERRED TO]
MORIOM NESSA @ MOIRON @ MOIROM NESSA VS. STATE OF ASSAM AND ORS [LAWS(GAU)-2009-12-73] [REFERRED]
ABDUL KHALIQUE VS. STATE OF ASSAM AND ORS [LAWS(GAU)-2010-1-58] [REFERRED]
WAHIDA REHMAN VS. UNION OF INDIA [LAWS(ALL)-2005-12-211] [REFERRED TO]
REZA ABDULLATIF SABOONCHI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-9-17] [REFERRED TO]
JUDGEMENT
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.
(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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