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1961 (4) TMI 99

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....nd P. Gupta JUDGEMENT SARKAR, A.K., J The petitioners were born in India before the commencement of the Constitution. Sometime in 1947, they went 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. In Decem....

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....gaur canceling the registration certificates issued to the petitioners and directing them to return to Pakistan within three days. The petitioners have presented this petition for a writ quashing the order of the Collector of Nagaur canceling their registration as citizens of, and requiring them to leave, India. The respondents to this petition originally were the State of Rajasthan and the Colle....

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....ollector. They also contended that their registration as citizens could not be cancelled under sub-sec. (2) of s. 10. They pointed out that subsection (2) started with the words "Subject to the provisions of this section" and contended that the powers under that subsection could, therefore, be exercised subject to the other provisions of s. 10. They then referred to sub-sec. (l) of s. 1.....

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....This power cannot, therefore, be exercised unless such fraud, false representation or suppression of a material fact exists. It was contended by the respondents that the petitioners had obtained registration as citizens of India by suppressing the fact that they had earlier applied to the Government of India for long term visas for permanent settlement in India which had been refused by that Gover....