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april 1961

Supreme Court of India · 1961-04-05

GHAURUL HASAN AND OTHERS vs THE STATE OF RAJASTHAN

Citation / case number
SC 1958/69
Court
Supreme Court of India
Petitioner
GHAURUL HASAN AND OTHERS
Respondent
THE STATE OF RAJASTHAN
Bench
SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court ruled that the Collector of Nagaur lacked the authority to cancel the citizenship registration of the petitioners under Section 10(2)(a) of the Citizenship Act, 1955, as there was no evidence of fraud or misrepresentation. The Court clarified that Section 21 of the General Clauses Act, 1897, does not empower the Collector to annul his own orders of registration. Consequently, the cancellation orders were set aside, affirming the petitioners' citizenship status.

GHAURUL HASAN AND OTHERS vs THE STATE OF RAJASTHAN · Niyam