ORDER :- This is an application for the issue of a writ of certiorari or any other writ of a like nature for quashing the order of the Addl. Superintendent of Police, Manipur, Dated 12th May, 1960, directing the petitioner to leave Manipur within 7 days from the receipt of the notice. The petitioner Mrs. Chang Meiyu was born in the city of Hupeh in China in 1935. She came over to India along with her parents in 1937 when she was two years old.

Since then she has been living in India. After the Indian Constitution came into force in 1930, she was registered under the Registration of Foreigners Rules, 1939 as a foreigner of Chinese nationality, (her serial number being 1798) on 10-9-51 (vide Annexure-A/1). She was at that time living in Calcutta, Subsequently, she moved to Manipur in January, 1953, and her registration was changed as serial number 20 of Manipur. Again, she moved to Cachar in September, 1953, and her registration was changed to number 218 of Cachar.

She came back to Manipur in December, 1953, and her registration was changed to serial number 29 of Manipur. Since then, she has been permanently living in Imphal. She got married in Manipur to one M.F. Liu, another person of Chinese nationality and she has got two children by him born in 1953 and 1955. It is stated that in 1958 she got divorced from her husband and subsequently she has been doing dry cleaning business by herself in Imphal.

2. In August, 1958, the Foreigners (Protected Areas) Order 1958 was made by the Central Government in exercise of the powers under Sec. 3 of the Foreigners Act, 1946. Under the said order a permit has to be obtained by a foreigner to enter or remain in any protected area. Manipur being a protected area under the said order, the petitioner obtained such a permit from the person authorised by the Central Government to issue such a permit. Annexure-A/4 is the said permit obtained by the petitioner dated 28-3-59 which allowed her to remain in Manipur until 31-12-59.

On 6-12-1959, the petitioner applied by Annexure-A/6 for renewal of the said permit for a period of 5 years. On 19-3-60, the petitioner applied for extension of her permission, to reside in India as an alien for a period of 5 years stating therein that the authorised period of residence in India expired on 4-4-60. A foreigner had to obtain a permit to reside in India originally under the Foreigners Order, 1939 and subsequently after the Foreigners Act, 1946 came into force under Order No. 9/9/46-PolitiCal (EW) which was passed on 10-2-1948 under the Foreigners Act, 1946.

Annexure-A/10 would show that the petitioner had obtained permission to stay in India under the aforesaid order until 4-4-60. This permit is quite separate from the permit required under the Foreigners (Protected Areas) Order, 1958. The latter permit is called the Inner line permit and a foreigner has to take that permit in addition to the permit to reside in India, if he wants to reside in the protected areas.

3. In the said application Annexure-A/10, the petitioner has stated that she was of Chinese nationality, that she held Passport No. 1005985 dated 25-5-55 valid up to 7-1-65 and that she has been living in India for business purposes. This would show that as late as 1955 long after the Indian Constitution came into force, the petitioner has obtained a Chinese passport and that the said passport was still in force.

On the said application the Additional Superintendent of Police, Manipur recommended that she may be allowed to stay in India, but not within the protected areas of Manipur Territory. On 12-5-60, a reply Annexure-A/7 was sent to her by the Additional Superintendent of Police to her application for the extension of the inner line permit to reside in Manipur and it was to the effect that her application was rejected by the Government of India and as such she was to leave Manipur within 7 days from the receipt of the said notice.

It is this order that she has challenged in this writ. On 14-5-60, she wr

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