GHAURUL HASAN AND OTHERS versus THE STATE OF RAJASTHAN

Citation: [1962] 1 S.C.R. 772 · Decided: 05-04-1961 · Supreme Court of India · Bench: BHUVNESHWAR PRASAD SINHA · Disposal: Appeal(s) allowed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

772 
SUPREME COURT REPORTS 
[1962] 
I96I 
gold plated but a gold plated article can only be 
a gold plated article. 
Therefore, it seems to me 
Venk~;es:~rnn, that item 45(3) was int~nded to apply to fountain· 
Collector of 
pens simpliciter, that 1s, without gold plating or 
Customs, 
Bombay other embellishments which might properly bring 
v. 
them under another item in the schedule. This, in 
Ramchand Sobhraj my view, would best harmonise the different items 
Wadhwani 
in the Tariff schedule and carry out the intention 
50,,,., J. 
of the legislature. 
This can be illustrated by an 
example. ·Suppose a fountain-p-en was studded with 
diamonds. Could it then be said that the legislature 
• 
April 5. 
intended to impose on them a duty of 30 per cent. ad 
valorem under item 45(3) and the diamonds were not 
intended to be assessed under item 61(10) which deals 
with jewels and provides for a higher duty. I do not 
think that a possible view to take. · 
I think, therefore, that the assessment in the pre-
sent case under item 61(8) was proper. I would hence 
allow the appeal. 
BY COURT: In accordance with the opinion of the 
majority, this appeal is dismissed with costs. 
Appeal dismissed. 
GHAUitUL HASAN AND OTHERS 
v. 
THE STATE OF RAJ ASTHAN 
(B. P. SINHA, c. J., s. K. DAS, A. K. SARKAR, 
K. C. DAS GUPTA and 
N. RAJAGOPALA AYYANGAR, JJ.) 
Citizenship-Order of registration by Collector-Cancellation 
of such order by him-Validity of cancellation-Citizenship Act, 
z955 (57 of 1955), ss. 5(r)(a), ro(2)(a). 
The petitioners were granted certificates of registration as 
Indian Citizens under s. 5(1)(a) of the Citizenship Act, 1955, by 
the Collector of Nagaur. 
Later the Collector passed orders 
cancelling the certificates. The power to cancel was based on 
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1 S.C.R. SUPREME COURT REPORTS 
773 
s. ro (2)(a) of the Citizenship Act, 1955, ands. 21 of the General 
Clauses Act, 1897. 
Held, that s. ro(z'(a) of the Citizenship Act, 1955, had no 
application for, apart from any other considerations, that sec-
tion Muld apply only where the registration was obtained by 
means of fraud, false representation or concealment· of any 
material fact and no such thing had been prov,ed. 
The Collector had no power under s. 21 of the General 
Clauses Act, 1897, either to cancel the order of registration as 
citizens which had been made by him since the orders mention-
. ed in that section are not of the kind contemplated by s. 5 of 
the Citizenship Act. 
The orders cancelling the registration are set aside. 
ORIGINAL JURISDICTION: 
Writ Petition No. 60 of 
1958. 
Writ Petition under Art. 32 of the Constitution of 
India for enforcement of Fundamental Rights. 
H.J. Umrigar and A.G. Ratnaparkhi, for the appel-
lant. 
, 
S. K. Kapoor and D. Gupta, for the respondents. 
1961. 
April 5. The Judgment of the Court was 
delivered by 
SARKAR, J.-The petitioners were born in India 
before the commencement of the Constitution. Some-
time in 1947, they went away to the territory since 
included in Pakistan. They used to come to India 
from time to time and the last time that they came, 
was in April, 1956. Each time they came to India, 
they did so on passports issued by the Government of 
Pakistan. 
In December, 1956, they applied to the Collector of 
Nagaur in Rajasthan where they resided, for registra-
tion as citizens of India. On December 19, 1956, the 
Collector of Nagaur issued certificates of registration 
to them under s. 5(1)(a) of the Citizenship Act,, 1955. 
Subsequently on February 5, 1957, two of the peti-
tioners made applications for grant of citizenship 
certificates to their minor children under s. 5(l)(d) of 
that Act. On February 6, 1957, an ()fficer of the 
Collectorate of Nagaur took back the registration 
certificates issued to petitioners Nos. 2 and 3 on the 
I96I 
Ghaurul /lasan 
v. 
The State of 
Rajasthan 
Sarkar ]. 
774 
SUPREME COURT REPORTS 
[1962] 
r96I 
representation that they were required for recording in 
Gh 
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them the names of the minor children for whose 
auruv. 
asan registration as citizens of India applications had been 
The State of made. On February 8, 1957, notices were issued by 
Rajasthan 
the Collector of Nagaur cancelling the registration 
certificates issued to the petitioners and directing them 
Sarkar J. 
to return to Pakistan within three days. 
The petitioners have presented this petition for a 
writ quashing the order of the Collector of Nagaur 
cancelling their regi

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