V.Ramaswami, J.

1. In this case the petitioners Syed Shah Moham-mad Abdali and Akhtar Imam have obtained a rule from the High Court calling upon the respondent to show cause why the deportation order dated 7-2-1958, requiring the petitioners to leave India, should not be quashed by grant of a writ in the nature of certiorari under Article 226 of the Constitution. Cause has been shown by learned Counsel on behalf of the State of Bihar.

2. Petitioner No. 1 alleges that he is an Indian citizen, having been born in village Islampur in the district of Patna, and petitioner No. 2, Akhtar Imam, is his adopted son. In May, 1948, both the petitioners had gone to Karachi to see their relation Syed Shah Mohammed Usman. Petitioner No. 1 fell seriously ill at Karachi, and after his recovery ho applied to the High Commissioner for India in July, 1948, for a permanent permit to return to India. He filed another application on 6-3-1953, for a permanent permit.

It is alleged that on 23-5-1953, petitioner No. 1 was informed by the High Commissioner for India that he should obtain a Pakistani passport in the first instance and resubmit his application for a permit. Petitioner No. 1 accordingl