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1998 Supreme(Del) 624

DEVENDER GUPTA, N.G.NANDI
MOHAMMAD SEDIQ – Appellant
Versus
UNION OF INDIA – Respondent


Devinder Gupta, J.

( 1 ) ON 12. 5. 1998 the petitioner filed this petition. Besides praying for (a) quashing of the order dated 5. 5. 1998 (annexure-P. 1) passed by the Foreigner s Regional Registration Officer asking the petitioner to leave India on or before 15. 5. 1998 and not to enter thereafter; and (b) declaring clause (c) of sub-section (2) of Section 3 of the Foreigners Act, 1946 as ultra vires of the Constitution; the petitioner has prayed for other reliefs, which read:- " (a)quash the order No. 1942/for (S. O. V.) dated 5. 5. 98 passed by respondent No. 2 asking the petitioner to leave India on or before 15. 5. 98 and not to enter India thereafter, as the same is contrary to law. (b)permit the petitioner to continue to stay in India, as he is not able to return to Afghanistan in the prevailing circumstances; (c)quash clause (c) of sub-section (2) of Section 3 of the Foreigners Act, 1946 (Act XXXI of 1946) as ultra vires and unconstitutional because the same is violative of the principles of natural justice and hence, illegal; (d)issue a writ of mandamus, or a writ, order or direction in the nature of mandamus, directing respondent No. 1 to exempt the petitioner and such o






















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