Page No.# 1/4 vs The Union Of India And 4 Ors
2023 Latest Caselaw 2706 Gua

                                                                  Page No.# 1/4

GAHC010153372020




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

                          Case No. : Review.Pet./119/2020

         ON THE DEATH OF REVIEW PETITIONER LATE RAM KUMAR ROY ,HIS
         SONS AND DAUGHTER AS LEGAL HEIRS. .
         RAHUL ROY,SON OF LATE RAM KUMAR ROY, RESIDENT OF VILLAGE -
         GOJAL GHAT, P.O.- JIBONGRAM, P.S. - DHOLAI, DISTRICT - CACHAR,
         ASSAM, PIN-788120.

         2: RUPAK ROY

          SON OF LATE RAM KUMAR ROY
          RESIDENT OF VILLAGE - GOJAL GHAT
          P.O.- JIBONGRAM
          P.S. - DHOLAI
          DISTRICT - CACHAR
          ASSAM
          PIN-788120.

         3: JANAKI ROY

          DAUGHTER OF LATE RAM KUMAR ROY
          RESIDENT OF VILLAGE - GOJAL GHAT
          P.O.- JIBONGRAM
          P.S. - DHOLAI
          DISTRICT - CACHAR
          ASSAM
          PIN-788120

         VERSUS

         THE UNION OF INDIA AND 4 ORS.
         REP. BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,
         NEW DELHI-01.

         2:THE STATE OF ASSAM
          REP. BY THE COMMISSIONER AND SECRETARY
                                                                        Page No.# 2/4

                 HOME DEPARTMENT
                 DISPUR
                 GUWAHATI-6.

                3:THE DEPUTY COMMISSIONER

                DIST.- DIMA HASAO
                ASSAM.

                4:THE SUPERINTENDENT OF POLICE (BORDER)
                 DIMA HASAO
                ASSAM.

                5:THE OFFICER-IN-CHARGE
                 HALFLONG POLICE STATION
                 DIMA HASAO
                 DIST.- DIMA HASAO
                ASSAM

Advocate for the Petitioner   : MR. P ROY

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




                                            BEFORE
             HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
                    HON'BLE MR. JUSTICE ROBIN PHUKAN
                                        O R D E R

18.07.2023 (A.M. Bujor Barua, J)

Mr. T Sk, learned counsel for the petitioners seeks for an adjournment without stating any acceptable reason for the adjournment.

It is noticed that reference was initiated against the father of the present petitioners in the year 1990 being registered as IM(D)T Case No. 117/1990. After the IM(D)T Act was declared ultra-vires by the Hon'ble Supreme Court, the reference was re-registered as FT Case No. 14/2017 in the Foreigners Tribunal, Dima Hasao at Haflong. In spite of receiving notice, the father of the petitioner Page No.# 3/4

did not appear before the Tribunal resulting in an ex-parte opinion dated 21.04.2017.

Being aggrieved, WP(C) No. 2858/2017 was instituted, which was dismissed by the order dated 19.05.2017 taking note of the fact that the petitioner had delayed the proceeding for 26/27 years without co-operating with the Tribunal. The petitioner went in an appeal before the Hon'ble Supreme Court, which was dismissed by an order dated 04.08.2017 in Special Leave to Appeal (C) No. 19075/2017 and the order of the Hon'ble Supreme Court provided that no case for interference with the impugned judgment in the writ petition is made out.

After dismissal by the Hon'ble Supreme Court, the father of the petitioner filed review petition 119/2018, which was dismissed by the order dated 04.04.2019. Against the dismissal in the review petition, the petitioner preferred Special leave Petition (Civil) No. 35630/2019 before the Hon'ble Supreme Court and when the matter came up for its consideration, the petitioner sought liberty to withdraw the SLP before the Supreme Court to file review petition before the High Court. The Hon'ble Supreme Court passed the order dated 04.04.2019 in SLP 35630/2019 by providing that the Special Leave Petition is dismissed with liberty to file review petition before the High Court.

It is noticed that the present review petition as per the cause title is an application under Article 226 of the Constitution of India for review of the judgment and order dated 19.05.2017 in WP(C) No. 2858/2017. As already noted, the father of the present petitioners instituted Special Leave to Appeal (Civil) No. 19075/2017 before the Hon'ble Supreme Court against the judgment and order dated 19.05.2017 in WP(C) No. 2858/2017, which was dismissed by the order dated 04.08.2017. After dismissal, the father of the present petitioners instituted review petition No. 119/2018, which was dismissed by the order dated Page No.# 4/4

04.04.2019, against which Special Leave Petition (Civil) 35630/2019 was instituted before the Hon'ble Supreme Court, which again by the order dated 04.04.2019 was dismissed as withdrawn giving liberty to the petitioner to file a fresh review petition resulting in the present review petition No. 119/2020.

The petitioners are being put the question as to whether a second review petition against the same judgment and order in a writ petition is maintainable in law. But, instead of answering the question, it is noticed that the petitioners sought for adjournment on 03.05.2023 and again adjournment is sought for today.

The repeated adjournments sought for has resulted in the petitioners delaying the matter from being appropriately adjudicated on the question of the citizenship since the year 1990.

Accordingly, adjournment is granted as a last opportunity subject to payment a cost of Rs. 5, 000/- to be deposited by the review petitioners before the Gauhati High Court Bar Association Welfare Fund.

List the matter again on 27.07.2023.

                JUDGE                                          JUDGE



Comparing Assistant