GANESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a plaintiff's second appeal arising out of a suit for injunction for restraining the Government of Rajasthan from deporting the plaintiff from India to Pakistan in pursuance of the Govt. Order/notice dated 13-6 1952.

(2.) THE facts giving rise to this appeal may be stated in a narrow compass. THE plaintiff's case is that he was born at Chittorgarh on 15-2-1929 and was married at village Babrana District Udaipur, in 1940 A. D. It is alleged that sometime in the year 1942 he went to Karachi in search of livelihood and used to work in Military Cantonment upto 30th March, 1946. His case is that he wanted to return to India, and for that purpose, approached the High Commissioner for India in Pakistan, but could not get permission and therefore by force of circumstances he obtained a passport from the Pakistan Government and came to India in 1952. It is stated by him that his parents as well as his wife have been throughout residing in India and he had no intention at any point of time to give up his domicile of origin and acquire the domicile of Pakistan. He also states that he was prosecuted under the Passport Act and the Rules made thereunder in 1956 but was acquitted. However, on the 16th June, 1962, he received an order from the Government of Rajasthan (Ex. 1) dated 13-6 62 whereby he was directed not to remain in India beyond the 18th June 1962 and that he would be deported from India through the Barmer Check Post and shall not thereafter re-enter India. In compliance with this order of the Government, it was alleged that steps were being taken to deport him and therefore he filed the present suit out of which this appeal arises on 18-6-62, in the court of Civil Judge, Chittorgarh praying that an injunction be issued against the Government of Rajasthan restraining the latter from deporting the plaintiff from India in pursuance of the illegal order issued by the Government of Rajasthan on 13th June, 1962.