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1950 Supreme(Ori) 64

RAY, NARASIMHAM
ISMAIL – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
R.K.GHOSH, S.M.Mohanty

NARASIMHAM, J.

( 1 ) THESE four petitions have been filed under Article 226 of the Constitution against certain orders of the District Magistrate of Kalahandi directing the internment of the petitioners within the limits of Nawapara sub-division of that district in exercise of the powers conferred on him by Clause (c) of Sub-section (1) of Section 2, Orissa Maintenance of Public Order Act, 1948.

( 2 ) PETITIONER Ismail is the son of the petitioner Khan Sahib Adam Hazi Saleh mohammed and the family have extensive business with headquarters in nawapara sub-division. They have also extensive agricultural lands in that subdivision. Affidavits were filed on their behalf to the effect that they were nationals of the Indian Union and in the counter affidavit filed by the government this citizenship was not challenged and we would therefore take it as well, established that the two petitioners are citizens of the Indian Union. On 17-7-49 the then District Magistrate of Sambalpur, (within whose jurisdiction nawapara subdivision was then included) issued two orders on the two petitioners under Section (l) (c) of the said Act directing that they should not move out of Nawapara sub-division

















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