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Page No.# 1/3 vs Union Of India And 4 Ors
2022 Latest Caselaw 2836 Gua

Citation : 2022 Latest Caselaw 2836 Gua
Judgement Date : 8 August, 2022

Gauhati High Court
Page No.# 1/3 vs Union Of India And 4 Ors on 8 August, 2022
                                                                      Page No.# 1/3

GAHC010209132019




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

                           Case No. : WP(C)/7024/2019

         PRAHLAD DAS @ PRAHLAD CH. DAS AND 3 ORS.
         S/O- LT. PRABHAT CH. DAS, R/O- VILL. AND P.O. AZARBARI, P.S. LANKA,
         DIST. HOJAI (EARLIER NAGAON), ASSAM, PIN- 782442.

         2: PRAMATHA DAS @ PRAMUD DAS
          S/O- SRI PRAHLAD DAS
          R/O- VILL. AND P.O. AZARBARI
          P.S. LANKA
          DIST. HOJAI (EARLIER NAGAON)
         ASSAM
          PIN- 782442.

         3: BABUL DAS @ BABUL CH. DAS
          S/O- LT. PRABHAT CH. DAS
          R/O- VILL. AND P.O. AZARBARI
          P.S. LANKA
          DIST. HOJAI (EARLIER NAGAON)
         ASSAM
          PIN- 782442.

         4: BIDHAN DAS
          S/O- SRI PRATAP DAS
          R/O- VILL. AND P.O. AZARBARI
          P.S. LANKA
          DIST. HOJAI (EARLIER NAGAON)
         ASSAM
          PIN- 782442

         VERSUS

         UNION OF INDIA AND 4 ORS.
         THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF
         INDIA, NEW DELHI- 110001.
                                                                                    Page No.# 2/3

            2:THE STATE OF ASSAM
            THROUGH THE SECRETARY
             GOVT. OF ASSAM
             HOME DEPTT
             DISPUR
             GUWAHATI- 781006.

            3:THE DEPUTY COMMISSIONER
             DIST. HOJAI (EARLIER NAGAON)
             PO AND PS- HOJAI
             (ASSAM)
             PIN- 782435.

            4:SUPERINTENDENT OF POLICE (B)
             HOJAI
             DIST. HOJAI (EARLIER NAGAON)
             PO AND PS HOJAI
             (ASSAM)
             PIN- 782435.

            5:OFFICER-IN-CHARGE
             LANKA P.S.
             PO- LANKA
             DIST. HOJAI (ERSTWHILE NAGAON)
             PIN- 782446

Advocate for the Petitioner    : MR G P BHOWMIK

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

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MRS. JUSTICE MALASRI NANDI

08/08/2022 (M.R. Pathak, J)

Heard Mr. S K Ghosh, learned counsel for the petitioners and Mr. K Gogoi, learned Central Government Counsel for the respondent No. 1. Also heard Mr. G Sarma, learned Standing counsel, Foreigners' Tribunal for the respondent Nos. 2, 4 & 5 and Ms. U Das, learned Government Advocate, Assam for the respondent No. 3.

Page No.# 3/3

Being aggrieved with the judgment & order/opinion dated 27.06.2018 passed by the learned

Member, Foreigners' Tribunal, Nagaon 7 th at Lanka, Hojai in (i) F.T./L/Case No. 752/16, (ii) F.T./L/Case No. 750/16, (iii) F.T./L/Case No. 753/16 and (iv) F.T./L/Case No. 779/16, whereby the petitioners have been declared to be foreigners of 1966-1971 stream under the Foreigners Act, 1946 as amended, directing them to register their names in accordance with Rule 19 of the Citizenship Rule, 2009 before the competent authority, i.e., the concerned Foreigners Regional Registration Officer, the petitioners have preferred this writ petition.

Pursuant to the order dated 29.07.2021, Registry has already received the relevant LCRs from

the office of the Foreigners Tribunal, Nagaon 7th at Lanka, Hojai, erstwhile District-Nagaon.

Matter be admitted for hearing.

Registry shall list this matter for hearing in its usual course.

Until further order of the Court, the petitioners shall remain on interim bail granted earlier to them by this Court on 29.07.2021 and shall comply with the terms and conditions as specified in the order dated 29.07.2021 passed earlier in this proceeding.

On the next date of listing of this matter, Mr. Kaustav Gogoi, learned Central Government Counsel shall apprise the Court as to who are the notified registering authorities appointed by the Central Government as the Foreigners Regional Registration Officer in the Districts of Assam as provided under Part-IV Rule 19 of the Citizenship Rules, 2009 framed under the provisions of Section 18 of the Citizenship Act, 1955 that came into force w.e.f. 08.01.2010.

Copy of this order be furnished to Mr. K Gogoi, learned Central Government Counsel for his necessary use.

                                                 JUDGE                           JUDGE




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