Mukerji, J. - (1.) This is a petition by Haflz Ab-dul Rahman under Article 226 of the Constitution praying for a writ of certiorari to quash an order made by respondent No. 1 and for a writ of mandamus directing the respondents, their agents and employees not to arrest or deport the petitioner to Pakistan.
(2.) The facts giving rise to this petition shortly stated were these:
(3.) The petitioner alleges that he was a citizen of India having been born and bred at Tanda, a place in the District of Faizabud in the State of Uttar Pradesh. The petitioner further alleges that he had been carrying on his family profession of weaving and that he had carried on that profession at Tanda up to the year 1953 when he was 'tempted' to leave India and go to Pakistan to try his luck there. The petitioner alleges that he left India for Pakistan as a temporary measure with no intention of giving up his Indian domicile or with any intention to acquire Pakistani domicile because he had no intentions of permanently settling down in the territory of Pakistan. The petitioner further alleges that when he found that conditions prevailing in the weaving industry in Pakistan were bad, then he and his wife decided to return to India.;