Abul Kalam vs The Union Of India And 6 Ors
2022 Latest Caselaw 3302 Gua

                                                                Page No.# 1/4

GAHC010102642018




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

                              Case No. : WP(C)/3222/2018

         ABUL KALAM
         S/O ABDUL JALIL
         VILL- MAUDANGA KRISHIPAM NIGAM
         P.O. AND P.S. MURAJHAR
         DIST. HOJAI, PIN - 782445,
         ASSAM



         VERSUS

         THE UNION OF INDIA AND 6 ORS.
         REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF
         INDIA,
         NEW DELHI-1

         2:THE STATE OF ASSAM

          REP.BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          HOME DEPARTMENT

          DISPUR
          GUWAHATI - 781006.

         3:THE MEMBER

          FOREIGNERS TRIBUNAL NAGAON 7TH AT LANKA
          DIST. HOJAI
          ASSAM
          HOJAI- 782446.

         4:THE DEPUTY COMMISSIONER

          HOJAI DIST. HOJAI
                                                                      Page No.# 2/4

             ASSAM

            HOJAI- 782442.

            5:THE SUPERINTENDENT OF POLICE (BORDER)
             HOJAI
             DIST. HOJAI

            HOJAI- 782435.

            6:THE ELECTION COMMISION OF INDIA

             REP. BY THE CHIEF ELECTORAL OFFICER
             ASSAM
             DISPUR
             GUWAHATI-6.

            7:THE DIRECTOR OF CITIZENS REGISTRATION

             ASSAM
             (NRC)
             DISPUR
             GUWAHATI-6

Advocate for the Petitioner   : MR. A SHARIF

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




                                  BEFORE
                HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
                  HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                             ORDER

Date : 31-08-2022

Heard Mr. S. Jaman, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Central Government Counsel, for the respondent No. 1; Ms. P. Barman, learned Standing Counsel, Foreigners Tribunal for respondent Nos. 2, 3 and 5. Ms. A. Verma, learned Govt. Advocate, Assam for respondent no. 4; Mr. A.I. Ali, learned Standing Counsel NRC, Assam for the respondent no. 6; Ms. M. Devi, State Co-coordinator, NRC for respondent no. 7.

Page No.# 3/4

Being aggrieved with the impugned opinion/ judgment and order dated 28.10.2017, passed in F.T./L/Case No. 1310/2016, passed by the learned

Member, Foreigners Tribunal Nagaon 7th at Lanka, Hojai, whereby he was declared to be foreigner under the Foreigners' Act 1946, who had entered territory of India (Assam) on or before 25.03.1971, the petitioner preferred this petition.

Notice in this case was issued on 23.05.2018.

Mr. Zaman submitted that during pendency of this writ petition, the petitioner met with a road traffic accident in the year 2019 and due to the injuries sustained by him in the said road traffic accident he expired on 03.02.2019.

Mr. Zaman has placed a photocopy of Death Certificate of the petitioner issued by the Registrar of Birth and Death, Doboka Community Health Care (C.H.C.), Hojai, Assam vide No. 63/2019, dated 13.03.2019. He therefore, submitted to close this writ petition.

On being enquired, Mr. Zaman, learned counsel for the petitioner submitted that the family members of the deceased petitioner did not contact him so far after the death of the petitioner.

Considering above, this writ petition stands closed due to death of the petitioner on 03.02.2019.

Copy of the Death certificate of the petitioner placed before the Court today as noted above, be kept as a part of the record.

Registry shall return the LCR to the office of the Foreigners' Tribunal,

Nagaon Court No. 7th at Lanka, Hojai along with the copy of this order and the Page No.# 4/4

copy of the Death Certificate of the petitioner placed before this Court, noted above.

JUDGE

Comparing Assistant