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Report No. 107

2.11. Calcutta High Court decision.-

On the question whether a summary dismissal of an application under section 5(1)(a) without making any enquiry was in contravention of rule 9, it was held that it was not, because, the Collector may inform himself in such manner as he thinks fit, that is, by making confidential enquiries, or act on his own personal knowledge. The Calcutta High Court observed that neither the Act nor the Rules require him to make an enquiry in case he rejects the application, since the action of the Collector is an executive and political act, and the Collector is not bound to register an applicant as a citizen even if all the conditions of rule 9 are satisfied, and that he is not bound to assign any reason for the grant of refusal of the application.

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