IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2625 of 2006 BARIN CHANDRA SADHYA @ BIMAL CHANDRA SADHYA SON OF LATE BIRESH CHANDRA SADHYA, MANAGING DIRECTOR, MEDIMPEX (INDIA) PVT. LTD. RAMPUR, PATNA- 800006 AT PRESEENT RESIDING- FLAT NO.4, VISHAL APARTMENT, RAMPUR, P.S. SULTANGANJ, PATNA- 800006 …. PETITIONER. Versus 1. THE UNION OF INDIA. 2. THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, GOVT. OF INDIA, NEW DELHI. 3. THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI. 4. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PATNA. 5. THE HIGH COMMISSIONER, BANGLADESH IN INDIA, NEW DELHI. .. RESPONDENTS. For the Petitioner: M/s. Ranjan Kumar Sinha & Mukesh Kumar, Advocate. For the Union of India: Mr. Binay Kumar Pandey (CGC). ----------- 2. 09.02.2011 Heard learned counsel for the petitioner, counsel for the Union of India who has not filed counter affidavit in the matter even though the writ petition has remained pending for over four years. 2. Petitioner was born on 12.12.1926 at Mymensingh town of the undivided India. After independence of India Mymensingh town became part of East Pakistan Territory. Petitioner migrated to India in 1951. Having migrated to India petitioner applied for grant 2 of passport by the authorities of the Government of India. Such request of the petitioner was favorably considered and on 22.8.1955 Government of India issued passport to the petitioner copy of the said passport is annexed as Annexure-1 to this application. Perusal of the first page of the passport indicates that petitioner has been identified as citizen of India by naturalization. In this connection, it is further pointed out that petitioner also applied for grant of citizenship by naturalization in terms of Section 6 of the Citizenship Act, 1955 (hereinafter referred to as the Act) which provides for grant of certificate of naturalization to an applicant who is not a citizen of the country specified in the First Schedule and is qualified for such grant in terms of the provisions of the Third Schedule of the Act. It is submitted on behalf of the petitioner that he is fully qualified for being granted citizenship of India by naturalization as he is not the citizen of the country specified in First Schedule of the Act and fulfils all the conditions provided therefore in the Third Schedule of the Act. It is also submitted on behalf of the petitioner that in appreciation of the fact that petitioner fulfilled the criteria required for acquiring citizenship by naturalization it was 3 stated in the passport issued to the petitioner that he has acquired citizenship of India by naturalization. 3. Counsel however, submitted that after issue of passport dated 22nd August, 1955 with endorsement that petitioner has acquired citizenship of India by naturalization, the authorities were duty bound to have issued certificate of naturalization to the petitioner but such certificate was not issued to the petitioner as he could not state in paragraph 5(b) of the application form (Form- XII) submitted for grant of certificate of naturalization, his place of residence in India in the preceding 12 years as he migrated to India in the year 1951. Certificate of naturalization in 1955 was issued to those who were not the citizen of the country included in Schedule 1 of the Act and were qualified for such grant in terms of the Third Schedule of the Act. Third Schedule of the Act as it was originally enacted did not prohibit grant of certificate of naturalization to those who have not lived in India for preceding 12 years. 4. Petitioner having migrated to India in 1951 and issued passport by the authorities of the Union of India dated 22nd August, 1955, Annexure-1 and not being 4 citizen of a country included in the First Schedule of the Act is fully competent for grant of citizenship by naturalization. The competent authority of the Union of India should consider the case of the petitioner for grant of certificate of naturalization in terms of Section 6 of the Act as it was originally enacted in the light of my observation above, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the competent authority. AFR/ Ibrar ( V. N. Sinha, J.)