5: Rokibul Islam (Minor) vs The Union Of India And 8 Ors
2022 Latest Caselaw 3410 Gua

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GAHC010105232019




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

                          Case No. : WP(C)/3192/2019

         ON THE DEATH OF MD. MOHIDUL ISLAM, HIS LEGAL HEIRS MANJUWARA
         KHATUN AND 4 OTHERS
         S/O LT. ABU BAKKAR SIDDIQUE, R/O TENGAGURI, KACHARIGAON, P.S-
         LAHARIGHAT, DIST. MORIGAON, ASSAM.

         1.1: MANJUWARA KHATUN
         W/O LT. MOHIDUL ISLAM
          R/O TENGAGURI
          KACHARIGAON
          P.S- LAHARIGHAT
          DIST. MORIGAON
         ASSAM.

         1.2: MUKSIDUR RAHMAN
          S/O LT. MOHIDUL ISLAM
          R/O TENGAGURI
          KACHARIGAON
          P.S- LAHARIGHAT
          DIST. MORIGAON
         ASSAM.

         1.3: MEHBIZ BEGUM
          D/O LT. MOHIDUL ISLAM
          R/O TENGAGURI
          KACHARIGAON
          P.S- LAHARIGHAT
          DIST. MORIGAON
         ASSAM.

         1.4: FARJINA KHATUN (MINOR)
          D/O LT. MOHIDUL ISLAM
          R/O TENGAGURI
          KACHARIGAON
          P.S- LAHARIGHAT
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DIST. MORIGAON
ASSAM.
REPRESENTED BY PETITIONER 1.1

1.5: ROKIBUL ISLAM (MINOR)
 S/O LT. MOHIDUL ISLAM
 R/O TENGAGURI
 KACHARIGAON
 P.S- LAHARIGHAT
 DIST. MORIGAON
ASSAM.
REPRESENTED BY PETITIONER 1.

VERSUS

THE UNION OF INDIA AND 8 ORS.
REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI- 1

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

3:THE DIRECTOR GENERAL OF POLICE
ASSAM ULUBARI
 GHY-7

4:THE DY. COMMISSIONER
 SIVASAGAR
 P.O. AND DIST- SIVASAGAR
ASSAM

5:THE SUPERINTENDENT OF POLICE (B)
 SIVASAGAR
 P.O. AND DIST- SIVASAGAR
ASSAM

6:THE OFFICER-IN-CHARGE
 JORHAT P.S.
 P.O. SIVASAGAR
 DIST- SIVASAGAR
ASSAM PIN-

7:THE STATE CO-ORDINATOR
 NRC ASSAM
 BHANGAGARH
 GHY-5
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           8:THE CHIEF ELECTION COMMISSIONER OF INDIA
            REP. BY THE COMMISSIONER
            NEW DELHI- 1

           9:THE ELECTOR REGISTRATION OFFICER
            81 NO. LAHORIGHAT LAC
            MORIGAON ASSA

Advocate for the Petitioner : MR. J AHMED
Advocate for the Respondent : ASSTT.S.G.I.




                                       BEFORE
          HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
            HON'BLE MRS. JUSTICE MITALI THAKURIA

                                        ORDER

07-09-2022 (M.R.Pathak, J)

Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. A. K. Dutta, learned Central Government Counsel for the respondent No.1; Mr. A. Kalita, learned Standing Counsel, Foreigners' Tribunal for the respondent Nos. 2, 3, 6 and 7; Ms. U. Das, learned Government Advocate, Assam for the respondent No.4; Ms. L. Devi, learned Standing Counsel, State Co-ordinator, NRC for the respondent No.8 as well as Mr. A. Bhuyan, learned Standing Counsel, Election Commission of India for the respondent Nos. 9 and 10.

The learned Member, Foreigners' Tribunal, Jorhat by the impugned opinion/judgment and order dated 18.01.2019 passed in Case No. FT/SVR/138/10 declared the petitioner i.e., the husband and father of the substituted petitioner Nos.1.1 to 1.4 respectively, as a foreigner under the Foreigners Act, 1946 of post 25.03.1971.

Being aggrieved with the same, the petitioner during his lifetime preferred Page No.# 4/5

this writ petition on 13.05.2019. As the petitioner expired during pendency of this writ petition, his legal heirs, have entered into the shoes of the said petitioner impleading themselves as petitioner Nos. 1.1 to 1.4 in the present case pursuant to the order dated 23.03.2022, passed in I.A.(C) No. 575/2022.

The petitioner Nos. 1.4 and 1.5 being minors, they are represented by their mother petitioner No.1.1.

Issue notice, returnable by 8 (eight) weeks.

As the learned CGC; learned Standing Counsels and learned Government Advocate, Assam, named above, have accepted notices on behalf of the respondents, no formal notice need be issued to them.

Petitioner shall serve requisite extra copies of this writ petition including the Annexures appended thereto to Mr. A. K. Dutta, learned Central Government Counsel; Mr. A. Kalita, learned Standing Counsel, Foreigners' Tribunal; Ms. U. Das, learned Government Advocate, Assam; Ms. L. Devi, learned Standing Counsel, State Co-ordinator, NRC as well as Mr. A. Bhuyan, learned Standing Counsel, Election Commission of India by tomorrow i.e., 08.09.2022, obtaining necessary acknowledgements from them in that regard.

Office to requisition the records of Case No. FT/SVR/138/10 (corresponding to S.P.s Enquiry No.67/2010) from the office of the learned Member, Foreigners' Tribunal, Jorhat, Assam.

List accordingly, on a date to be fixed by the Registry.

                                 JUDGE                             JUDGE
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Comparing Assistant