( 1 ) THIS is a petition filed under article 226 of the Constitution of India, by a person claiming to be a citizen of india and asserting that he is not a foreigner, seeking the issuance of a writ of certiorari for the purpose of quashing an order dated 30th June, 1976 passed under section 3 (2) (c) of the Foreigners act, 1946 directing him not to remain in India after the service of the order treating him as a foreigner. That order reads thus:"government OF ANDHRA pradesh home (Passport) Department no. 1336/ppt. A/76-2 dated 30th june, 1976. To shri P. Mahammad Khan, s/o. Ramza-nkhan, anantapur. ORDER.-In exercise of the powers conferred by clause (c) of sub-section (2) of section 3 of the Foreigners act, 1946 (Central Act XXXI of 1946) the Government of Andhra Pradesh, acting in pursuance of the powers delegated to them by notification no. 4/3/56-1 F. (1) dated 19th April, 1958 of the Government of India in the Ministry of Home Affairs, hereby direct that the foreigner known as sri P. Mohammad Khan not to remain in India after service of this order on him. If he contravenes this order, action will be taken against him under the said Act. Sd. S. Nagabhushanam for Secretary to Gov