AJMAL MIAN, J.-This petition has been filed by three petitioners, who are daughters of Professor Muhammad Mahmood Hussain Siddiqui inter alia for a direction to the respondent No. 3 to issue Domicile to the petitioners.
The brief facts leading to the filing of the above petition are that the petitioners father migrated to Pakistan from India on 18th April, 1949 and settled at Mirpurkhas, District Tharparkar. He applied for a Domicile Certificate to the District Magistrate, Tharparkar which was granted to him on 8th November, 1951 (Annexure `A' to the petition). It has also been averred that the petitioners' father was appointed in the year 1958 in employment of the Federal Government and is serving as Additional Principal, Federal Government Urdu College at Karachi. It has also been averred that the petitioners were born at Karachi. It is mentioned in para. 3 of the petition that the petitioners are residing with their father at Karachi owing to their father's said employment at Karachi. It has also been averred that the permanent place of residence of the petitioners and their father was and is still Mirpurkhas, District Tharparkar. It seems that the petitioners applied to District Magistrate, Tharparkar for Domicile Certificate which was declined. It is the case of the petitioners that their father on their behalf filed an appeal before the Federal Govern--ment under rule 30 of the Pakistan Citizenship Rules, 1952, which was allowed as a result of which a direction through letter dated 8th January, 1979 was issued by the Federal Government to the District Magistrate to issue Domicile to Miss Talat Fatima daughter of Muhammad Mahmood Husain Siddiqui. It seems that after the receipt of the above direction, the petitioners approached respondent No. 3 who issued a Domicile Certificate dated 16th April, 1980 in favour of Miss Talat Mahmood for District Karachi instead of District Tharparkar. It further seems that the petitioner also filed an appeal under Sind Permanent Residence Certificate Rules, 1971 for the refusal of the P.R.C. By the District Magistrate, Tharparkar, which appeal was dismissed by the Commissioner, Hyderabad Division through his order dated 11th June, 1980. Being aggrieved by the above orders, the petitioners have filed the present petition.
2. In support of the above petition it has been submitted by Mr. Azhar Ali Siddiqui, learned counsel for the petitioners that for the time being he does not wish to impugne the aforesaid Commissioner's order dated 11th June 1980 as it relates to P. R. C. And not to Domicile Certificate and that, the petitioners are confining their prayer to the Domicile Certificates, in terms of the direction given by the Federal Government. It may be pertinent to observe that the direction of the Federal Government dated 8th January, 1979 referred to hereinabove only mentions the name of Miss Talat Fatima daughter of Muhammad Mahmood and does not refer to the other two petitioners, namely, Miss Iffat Mahmood and Miss Iffat Mahmood. However, it has been contended by Mr. Azhar Ali Siddiqui that the petitioners' father had filed the appeal on behalf of the present three petitioners, and, therefore, the aforesaid direction should be construed as a direction in respect of three petitioners. We are not inclined to accept the above contention as the direction referred to hereinabove under the caption of grant of Domicile Certificate as well as in paras. 1 and 2 the name of petitioner No. 1, namely, Miss Talat Fatima has been specifically mentioned and there is no reference to the other two petitioners. If there has been any omission on the part of the Federal Government to incorporate the names of the two remaining petitioners, it is open to the petitioners to approach the Federal Government for the above rectification, but in this petition we cannot extend the scope of the direction which is before us and which admits no ambiguity.
3. We regret to note that the District Magistrate while sitting at Tharparkar issued the Domicile Certificate for Miss Talat Mahmood for Karachi District though the direction of the Federal Government related to the issuance of a Domicile certificate for Tharparkar District. It is not understandable as to how the District Magistrate. Tharparkar, could have issued the Domicile Certificate for Karachi District. The above order, therefore, on the face of it is without jurisdiction and cannot b sustained. We, therefore, declare that the aforesaid Domicile Certificate dated 6th April, 1980 issued in favour of petitioner No. 1 for Karachi District by the District Magistrate. Tharparkar is without lawful authority. Respondent No. 3 is directed to implement the order of the Federal Government and to issue a Domicile Certificate to petitioner No. 1 for the Tharparkar District. The petition is, therefore, partly allowed in the above terms but there will be no order as to costs.