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1965 Supreme(All) 453

N. U. BEG, R. N. SHARMA
Munni – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
G.H. Naqvi, Advocate, for the Applicant; Standing Counsel, for the Opposite Party

JUDGMENT

N. U. Beg, J. - This is a petition praying for a certificate under Article 133 (1) (c) of the Constitution of India in respect of an order passed by us on the 3rd of September, 1965, by which we summarily dismissed the writ petition of the petitioners under Article 226 of the Constitution of India. The said writ petition was based on the allegation that the petitioners were Indian nationals, that they were residents of village Chaubepur, district Kanpur, and that they were domiciled in U.P. and were not foreigners. It was further alleged in the said writ petition that the petitioners had gone to Pakistan in March, 1955, and had tried to come back through the Indian Mission but since no proper help could be available they had to obtain the travelling documents from Pakistan. Thereafter, petitioner Nos. 1 and 2 i.e. Smt. Munni and Abdul Samad entered India on the 22nd of September, 1955. It was admitted in the writ petition as well as in this petition that a civil suit was filed by petitioners Nos. 1 and 2 i.e. Smt. Munni and Abdul Samad in the court of the Munsif South, Lucknow, for a declaration that they are Indian nationals and for an injunction restraining the Union of I

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