Md. Tafiqul Islam @ Tafiqul ... vs The Union Of India And 3 Ors
2022 Latest Caselaw 2700 Gua

                                                                              Page No.# 1/2

GAHC010208332016




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

                                 Case No. : WP(C)/6662/2016

            MD. TAFIQUL ISLAM @ TAFIQUL HUSSAIN
            S/O- ABDUL GAFUR @ LT. GAFUR ALI, R/O VILL.- SATHAMOU, P.O. and P.S.-
            GHAGRAPAR, DIST.- NALBARI, ASSAM.
            VERSUS

            THE UNION OF INDIA and 3 ORS
            REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, NEW DELHI- 1.

            2:THE STATE OF ASSAM
             REP. BY THE SECY. TO THE GOVT. OF ASSAM
             HOME DEPTT.
             DISPUR
             GHY- 6.

            3:THE DY. COMMISSIONER
             SIVASAGAR
            ASSAM.

            4:THE SUPERINTENDENT OF POLICE
             SIVASAGAR
            ASSAM

Advocate for the Petitioner   : MR.M HAQUE

Advocate for the Respondent : GA, ASSAM

                                        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 2(two) Page No.# 2/2

counsels have been reflected in the cause list.

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

This writ petition was filed by the petitioner against the impugned ex-parte judgment and order dated 02.05.2009 passed by the learned Member, Foreigners' Tribunal, Sivasagar in F.T. case No. 654/2008, whereby the learned Tribunal opined that the petitioner is a foreigner as defined in Section 2(a) of the Foreigners' Act, 1946.

The order sheets reflect that the petitioner remained unrepresented consecutively on 4(four) occasions, i.e. today - 03.08.2022 and on 22.07.2022, 20.07.2022 and 21.05.2019. In the order dated 21.05.2019, the Court observed as follows :

"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 4(four) occasions, as noted above, this writ petition stands dismissed for non-prosecution.

The interim order passed earlier on 24.11.2016 stands vacated/recalled.

The Registry shall inform the Superintendent of Police (Border), Sivasagar about this order forthwith.

                                          JUDGE                                     JUDGE


Comparing Assistant