Petitioner Syed Asif Raza Bukhari son of Syed Mukhtar Hussain Shah has filed this writ petition with the following prayer: "----order passed by DCO, Rajanpur, dated 06.10.2003 declining to issue domicile certificate to the petitioner be declared illegal, unlawful and without lawful authority and in consequence he be directed to be issued domicile certificate in terms of Section 17 of Pakistan Citizenship Act, 1951 read with rule 23 of the Rules made thereunder.
2. Brief facts leading to the filing of this writ petition are that the petitioner was born in D.G. Khan on 7.3.1983 where his parents were resided at that time; he completed his primary education there and subsequently secured admission in Govt. Cadet College Batrasi, Mansehra (NWFP) where he successfully passed his matriculation examination and cleared his F.SC examination; petitioner's father namely Syed Mukhtar Hussain Shah was transferred as DSP (Legal) in the year 1992 to Rajanpur where the petitioner and other family members shifted along with him to Rajanpur; in order to permanently settle in the area the petitioner's father purchased 5-Marlas of land and raised construction thereon where the family permanently intended to settle on the retirement of petitioner's father; petitioner on the basis of his birth had obtained domicile certificate from D.G.
Khan; however, since his father was posted in Rajanpur and the family shifted there since 1992 there was no basis for obtaining domicile certificate. of D.G. Khan therefore he applied for cancellation of the said domicile certificate to District Coordination Officer, D.G. Khan on 14.10.2002; the petitioner considered that his domicile of D.G. Khan, had been cancelled therefore he applied for the domicile certificate of tribal area Rajanpur; the DCO Rajanpur after due verification issued domicile certificate to the petitioner; thereafter on the basis of domicile of Rajanpur he applied for nomination against reserved seat of the district in the University of Engineering and Technology, Lahore, therefore, on the basis of recommendation by the DCO Rajanpur endorsed by the DCO, D.G.
Khan the petitioner and two others were nominated; while the petitioner was awaiting orders for admission by the UET Lahore, the domicile of the petitioner of D.G. Khan was withdrawn by the DCO DG Khan who also wrote to the DCO Rajanpur for cancellation of his domicile of Rajanpur. The petitioner challenged the said action of the DCOs in this Court by filing Writ Petition No. 9467/2002 and during the pendency of the said writ petition the UET. Lahore admitted the other two recommendees in the B.SC Engineering Classes. The said writ petition was dismissed vide order dated 18.12.2002. The I.C.A. No. 207/2002 filed against the said order of the learned Single Judge was also dismissed in limine by the learned Division Bench on 09.01.2003. The petitioner thereafter filed CPLA No. 607/L-2003; the petitioner moved CMA No. 1997-L/2003 in C.P. No. 607;L/2003, wherein the Hon'ble Supreme Court directed that petitioner's name against the reserved seat of Rajanpur in the UET, Lahore be sent provisionally for consideration, and in the meanwhile the DCO Rajanpur was directed to process the petitioners application for issuance of fresh domicile certificate from Rajanpur as, according to him, he had already surrendered the domicile certificate of D.G. Khan.
Pursuant to the orders of the Hon'ble Supreme Court in CMA No. 1997-L of 2003 in CP No. 607-L/2003 the petitioner was admitted to the University of Engineering and Technology, Lahore and by now statedly he has completed his B.Sc. Engineering.
3. It is alleged that petitioner's fresh application for issuance of domicile certificate has been rejected by the DCO, Rajanpur vide order dated 6.10.2003. It is further alleged that the DCO also declined to issue domicile certificates to petitioner's sister Miss Saima Bukhari and brother Syed Hassan Raza Bukhari, which orders were challenged before this Court by Writ Petition No. 1192 of 2004. The said writ petition was accepted vide order dated 28.07.2004 and the DCO Rajanpur was directed to issue domicile certificates within 7 days. Through the instant petition the petitioner has challenged the order of the DCO, Rajanpur, dated 6.10.2003 whereby his application for issuance of domicile certificate has been rejected.
4. I have heard the learned counsel for the parties and gone through the material available on the file. It is an admitted fact that since 1992 the petitioner has been living with his father in District Rajanpur, where his father was posted as DSP (Legal) and purchased some piece of land for permanently settling there after retirement. Documentary evidence, i.e. voters list dated 31.10.2002, place of posting of his father and the I.D. cards of his parents show that at the time of filing of application for issuance of fresh domicile certificate to the petitioner they were living in District Rajanpur and the petitioner was living with them. Therefore, under Section 17 of the Pakistan Citizenship Act, 1951, the petitioner has become entitled for issuance of domicile certificate of district Rajanpur in his favour. His case is further strengthened by the fact that his sister and brother were issued domicile certificates under the directions of this Court passed vide order dated 20.7.2004 in Writ Petition No. 1192/2004.
5. For the reasons discussed above, the writ petition is allowed, the order dated 6.10.2003 of the DCO, Rajanpur refusing to issue domicile certificate to the petitioner is set aside. The DCO, Rajanpur, is directed to issue domicile certificate in favour of the petitioner.