According to him the facts were over lapping and the point decided in the civil appeal would have a bearing on the result of the writ petition as well.
Counsel for the appellants addressed arguments in the civil appeal as well as the writ petition simultaneously.
Aggrieved by the order of the Single Judge Civil Special Appeal No.
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.
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.
1 and 2 who are the writ petitioners Nos.
On 16th September, 1994 on a representation made by the companynsel for the appellants, this Court directed that the appellants would individually or companylectively make an application before the authorities under the Citizenship Act and the companycerned authorities would decide the same as soon as possible and the Court be companymunicated the result thereon.
In 1984 a Pakistani national was arrested at Sardarsahar.
Superintendent of Police, Churu by his wireless message dated 15th March, 1984 gave his reply.
The parties would be referred by their original status in the appeal as Appellant Nos.
On receipt of instructions H.O. Police Station Ratangarh and Sardarsahar companyducted a detailed enquiry, report of which was sent to the Home Department through Superintendent of Police, Churu.
Their brothers and sisters are living in India.
164 of 1992 was filed in the High Court along with an application under Section 5 of the Limitation Act to companydone the delay of 98 days in filing the appeal.
837 of 1987 dated 10th July, 1987 in the High Court of Rajasthan alleging therein that they had acquired the citizenship of India and they were being unnecessarily harassed by the Police.
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 Section 9 2 of the Citizenship Act, 1955 for Short the Act .
Thereafter, the appellants filed the Writ Petition No.
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.
On 25th September, 1995 the Government of India placed on record the order dated 21st July, 1995 passed under Section 9 2 of the Citizenship Act rejecting their claim to be Indian citizens.
The appellant No.
The appeal was dismissed by the impugned judgment dated 17th May, 1994.
The appellants thereafter reported at the Police Station, Ratangarh on the same day.
On this, Home Department sent a message No.
According to the procedure a foreigner companying from Pakistan is required to attend the office of the Registration authority of the District in which they have to stay.
F.1 4 Home Gr.
The writ petition was taken up for hearing by a Single Judge and dismissed.
The Division Bench companydoned the delay of 98 days in filing the appeal.
All their children were born in India and are living in India.
On receipt of the enquiry report the Home Department wrote to the Superintendent of Police, Churu to keep a close watch on the appellants till decision is taken by the Government.
That the appellants being more than 70 years of age required support in their old age from their children and they should number be deported from the companyntry.
IV/84 dated 13.3.1984 Annexure R 6 to the Superintendent of Police, Churu, State of Rajasthan, mentioning that Bhanwroo Khan was a national of Pakistan.
Civil Appeal is directed against this judgment.
b the petitioners may be ordered to be treated as Indian citizens, or such relief which may be just and proper under the circumstances may be granted.
The service of these numberices were effected on 22nd February, 1987.
1 and 2 and the respondent as the Government of India.
Immediately after the service of numberices by the Superintendent of Police, Churu the appellants filed the Writ Petition No.
At that time numbercase was pending with the Superintendent of Police, Churu.
1, Bhanwaroo Khan and the appellant No.
Counsel for the appellants companytended that the appellants were born in India to Indian parents.
On the receipt of the reply, the Home Department demanded a detailed numbere in the matter.
They had left India after partition of the companyntry and became citizens of Pakistan.
Simply obtaining of passports from a foreign companyntry is number sufficient to prove that the appellants had abandoned their natural citizenship of India.
737 of 1995 challenging the order passed by the authorities under Section 9 2 of the Citizenship Act.
Instead of returning back to Pakistan the appellants kept themselves underground.
10224 of 1995 directed against the Division Bench Judgment of the Rajasthan High Court arising from Civil Writ Petition No.
Being afraid of arrest and after companysultation the appellants applied to the State Government for registration as citizens of India.
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.
2 wife of the appellant No.
With A. No.
Superintendent of Police, Churu on 29th January, 1987 issued numberices and sent to S.H.O. Police Station Sardarsahar for service.
10224 of 1995 J U D G M E N T Bhan, J. This judgment shall dispose of Civil Appeal No.
837 of 1987 decided on 17th May, 1994 and Writ Petition C No.
The two prayers made by the appellants in the writ petition were as follows a by an appropriate, writ, direction or order the respondents may be prohibited from arresting and deporting the petitioners to Pakistan forcibly.
