This rule arises out of an application under Article 226 of the Constitution of India.

_ (2) The petitioner claims to be an Indian citizen and his case is that he was born in the district of Dacca in 1922 and migrated to Jalpai-guri, now in West Bengal, some time in the year 1932. Thereafter he came to Dhubri and worked as manager in his uncle's hotel. The petitioner went to Pakistan but he came back to India on a passport obtained from the Government of Pakis­tan in the year 1952. Since then he has been stay­ing at Dhubri. In 1957 he applied for registra­tion of his name as a citizen of this country, but that application was refused. Thereafter an order was passed by the Superintendent of Police ask­ing him to quit India. For violation of the order he was prosecuted under Section 14 of the Fo­reigners Act but was acquitted on the ground that the order of the Superintendent of Police was without any authority. Thereafter, on the 20th of July, 1961 tile Present order was passed by the Superintendent of Police asking him to leave India within thirty days. On receipt of the order, the present petition is filed in this Court.

(3) The validity of the order has been chal­l