Md. Akil Ali @ Akhil Ali vs The Union Of India And 6 Ors
2022 Latest Caselaw 2697 Gua

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GAHC010029602016




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/6837/2016

         MD. AKIL ALI @ AKHIL ALI
         S/O. LT. MOIN UDDIN, VILL. BHELOUGURI PATHER, P.S. DOBOKA, DIST.
         NAGAON NOW HOJAI, ASSAM.



         VERSUS

         THE UNION OF INDIA and 6 ORS
         REP. BY THE SECRETARY TO THE GOVT. OF INDIA, HOME DEPTT., NORTH
         BLOCK, NEW DELHI.

         2:THE STATE OF ASSAM
          REP. BY COMM. and SECY. TO THE GOVT. OF ASSAM
          HOME DEPTT.
          DISPUR
          GHY.-06.

         3:ADDL. DIRECTOR GEN. OF POLICE

          ASSAM BORDER
          BHANGAGARH
          GHY.-05.

         4:DEPUTY COMMISSIONER

          NAGAON
          ASSAM.

         5:DEPUTY COMMISSIONER

          HOJAI
          SHANKARDEVNAGAR
          ASSAM.
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            6:SUPDT. OF POLICE BORDER

             NAGAON
             ASSAM.

            7:SUPDT. OF POLICE BORDER

             HOJAI
             ASSAM

Advocate for the Petitioner    : MR.K MIRA

Advocate for the Respondent : ASSTT.S.G.I.




                                          BEFORE
                                  SPECIAL DIVISION BENCH

                                                ORDER

Date : 03.08.2022.

(M.R. Pathak, J) No representation on behalf of the petitioner on call, though names of 4(four) counsels have been reflected in the cause list.

Heard Ms. L. Devi, learned Standing counsel, NRC for the opposite party No. 1; Mr. J. Payeng, learned Standing counsel, Foreigners' Tribunal for the opposite party Nos. 2, 3, 6 and 7 as well as Ms. U. Das, learned Government Advocate for the opposite party Nos. 4 and 5.

This writ petition was filed by the petitioner against the impugned judgment and order dated 29.12.2015 passed by the learned Member, Foreigners' Tribunal, Nagaon, Court No. 10 at Doboka, Nagaon in F.T.(D) case No. 01/2015, whereby the learned Tribunal opined that the petitioner entered into the territory of India(Assam) after 25.03.1971.

The order sheets reveal that the petitioner remained unrepresented consecutively on last 3(three) occasions i.e. today - 03.08.2022 and on 25.07.2022 and 21.05.2019. In the order dated 21.05.2019, the Court observed as follows :

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"None for the petitioner appeared when the matter called out. Be that as it may, the matter to remain in the Part-II list.

We make it clear that as and when the matter as called out again and if the petitioner is not represented, this Court would be constrained to dismiss this petitioner for non-prosecution."

Since the petitioner remained unrepresented continuously on three occasions, as noted above, this writ petition stands dismissed for non-prosecution.

The interim order passed earlier on 17.11.2016 stands vacated/recalled.

The Registry shall return the LCR forthwith to the Foreigners' Tribunal, Nagaon, Court No. 10 at Doboka, Nagaon.

The Registry shall inform the Superintendent of Police (Border), Nagaon, Assam as well as Superintendent of Police (Border), Hojai, Assam about this order forthwith.

                                        JUDGE                                JUDGE



Comparing Assistant