MOHAMMED KAMAL KHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal against the judgement of the First Additional City Civil Judge, Hyderabad, rejecting the plaintiff's suit on the ground that it is not entertainable by a Civil Court having regard to Section 9(2) read with Rule 30 of the Citizenship Act, 57 of 1955 (here-inafter referred to as the Act).

(2.) The plaintiff-appellant averred that he was an Indian citizen by birth and that he had gone to Pakistan to establish a branch office, but after he went there due to difficulties and restrictions imposed by India and Pakistan respectively on the migration of people from one side to the other, he was not in a position to cone back and though he made attempts to get a no objection certificate from the Indian High Commissioner, he was ultimately forced to obtain a Pakistani passport and visa from the Government of India and return to India in or about 1955. His wife and children plaintiffs 2, 3, 4 and 7 returned earlier in 1954. After the expiry of the visa he was served with an order to leave india. Thereupon the appellants filed a writ petition in High Court which was ultimately withdrawn. They also filed a declaration to say that if by force of any statute or provision of law, they are deemed to be Pakistani citizens, they renounce that citizenship.

(3.) The trial court held that having regard to Articles 5 and 7 and section 9 (2) read with Rule 30 it is only the Central Government that can determine the question the question of whether he is a citizen or not. in that view it dismissed the suit.