Regions & Countries



AIR 1952 All 257

Year Decided



Allahabad HC    


The Petitioner went to Lahore in 1948, wanted a permanent permit to return to India but the authorities gave a temporary permit to the Petitioner and he overstayed. He was convicted under Section 5 of the Influx from Pakistan (Control) Act. He asked for a permanent settlement in India but the Government rejected it and passed orders for his removal. The issue was whether the Deputy High Commissioner disposed of the application of the Petitioner. It was incumbent on the Deputy High Commissioner to pass final orders on the application of the Petitioner after the receipt of a report that was sought for from the Uttar Pradesh Government. If the report satisfied that he was domiciled in India he was to be issued a permit for return to India and if the report were otherwise he was not to be issued a permanent permit. It was not clear as to what report the Uttar Pradesh Government gave and whether any final orders had been passed by the Deputy High Commissioner. That was a permit granted under Rule 10(a) of the Permit System Rules of 1948. It was held that it could not be said that the period of temporary permit had come to an end and that the Petitioner had contravened the conditions of his permit by staying on in this country. Therefore, it was held that the order directing the removal of the Petitioner was unconstitutional.

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