( 1 ) THE petitioner in this case is a citizen of India, having his permanent residence in the District of Jalpaiguri in the State of West Bengal. The subject-matter of this application is the proposed transfer to Pakistan of a portion of Berubari Union No. 12, which is now situated in Police Station, Jalpaiguri, District Jalpaiguri. In order to appreciate the exact nature of the dispute it is necessary to understand the facts relating to the proposed transfer, and for this purpose, a historical survey is inevitable. On 20-2-1947, the British Government announced its intention of transferring power in British India to Indian hands by June, 1948. On 3-6-1947 a statement was made by the said Government on the method of transfer of power in India. On 18-7-1947 the British Parliament passed the Indian Independence Act, 1947. This Act was to come into operation from the "appointed date," namely the 15th August, 1947. It was indicated that as from the 15th day of August, 1947 two independent Dominions shall be set up in India, to be known respectively as India and Pakistan. By Section 2 of the said Act, it was laid down that subject to the provisions of Sub-sections (3)