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ishaq Ahmed Son of Late Shri Sampat Khan and ors. Vs. the Union of India (Uoi) and 3 ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ Petition No. 968/1980
Judge
Reported in1980WLN(UC)318
Appellantishaq Ahmed Son of Late Shri Sampat Khan and ors.
RespondentThe Union of India (Uoi) and 3 ors.
DispositionPetition dismissed
Excerpt:
.....30--petitioner entered in india on passport of pakistan--application under rule 30 pending with central government--held, high court cannot issue any directions at this stage.;if the central government decides that the petitioners are the citizens of pakistan they are liable to be deported from this country on the expiry of their visa. if on the other hand, the central government decides that the petitioners are the citizens of this country, they cannot be deported from this country. these matters are obviously pending decision before the central government. this court is unable to issue any direction in the matter at this stage. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h):..........since made an application dated may 21, 1980, under rule 30, citizenship rules, 1956, made by the central government in exercise of powers conferred by section 18 of the citizenship act, 1955 for determining the question as to whether or not they bad acquired the citizenship of pakistan and as such lost india citizenship. the said application, according to the petitioners' averments in the writ petition, was received by the home secretary, government of india on may 24, 1980. the said application is still pending decision by the central government in accordance with the provisions of citizenship rules, 1956. the petitioners filed the present writ petition of june 5, 1980, praying the same relief which they have prayed in their application mentioned above made to the central government.....
Judgment:

K.S. Sidhu, V.J.

1. This writ petition is on the face of is not maintainable and in any case it is pre-mature. The petitioners who are admittedly Pakistan passport holders and who entered India on the basis of the said passports on March 12, 1980, have since made an application dated May 21, 1980, under Rule 30, Citizenship Rules, 1956, made by the Central Government in exercise of powers conferred by Section 18 of the Citizenship Act, 1955 for determining the question as to whether or not they bad acquired the citizenship of Pakistan and as such lost India citizenship. The said application, according to the petitioners' averments in the writ petition, was received by the Home Secretary, Government of India on May 24, 1980. The said application is still pending decision by the Central Government in accordance with the provisions of Citizenship Rules, 1956. The petitioners filed the present writ petition of June 5, 1980, praying the same relief which they have prayed in their application mentioned above made to the Central Government under Rule 30 of the Citizenship Rules, 1956 and for the additional relief to issue a direction to the Government of Rajasthan that on the expiry of their visa on June 10, 1980, they may not be deported from this country. The additional relief prayed in the petition is inextricably linked with the main relief as to their claim of being citizens of this country If the Central Government decides that the petitioners are the citizens of Pakistan they arc libel to be deported from this country on the expiry of their visa. If on the other hand, the Central Government decides that the petitioners are the citizens of this country, they cannot be deported from this country. These matters are obviously pending decision before the Central Government. This Court is unable to issue any direction in the matter at this stage.

2. With these observations, this writ petition fails and it is hereby dismissed in limine.


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