Gauhati High Court
Talep Ali @ Taleb Ali vs The Union Of India And 9 Ors on 15 May, 2023
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GAHC010178382018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5704/2018
TALEP ALI @ TALEB ALI
SON OF LATE KOYSER ALI SHEIKH, RESIDENT OF VILLAGE-
KISMATHHASDAHA PART-II, POLICE STATION- DHUBRI, DISTRICT-
DHUBRI, ASSAM, PIN- 783334
VERSUS
THE UNION OF INDIA AND 9 ORS.
REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT
OF INDIA, SHASTRI BHAWAN, NEW DELHI-1.
2:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI- 781006.
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSION
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 110001.
4:THE STATE COORDINATOR
NATIONAL REGISTRATION OF CITIZENS
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S. ROAD
BHANGAGARH
GUWAHATI
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ASSAM
PIN- 781005.
5:THE FOREIGNERS TRIBUNAL KAMRUP (METRO) NO. 2
AT GUWAHATI
HEDAYATPUR
GUWAHATI-03
DISTRICT- KAMRUP(METRO)
ASSAM.
6:THE DEPUTY COMMISSIONER
DHUBRI
POST OFFICE AND POLICE STATION- DHUBRI
DISTRICT- DHUBRI
ASSAM
PIN- 783301.
7:THE DEPUTY COMMISSIONER OF POLICE (B)
CITY GUWAHATI
KAMRUP(METRO)
ASSAM
PIN- 781001.
8:THE SR. SUPERINTENDENT OF POLICE (B)
CITY GUWAHATI
KAMRUP(METRO)
ASSAM
PIN- 781001.
9:THE SUPERINTENDENT OF POLICE (B)
DHUBRI
POST OFFICE AND POLICE STATION- DHUBRI
DISTRICT- DHUBRI
ASSAM
PIN- 783301.
10:THE OFFICER-IN-CHARGE OF DHUBRI POLICE STATION
POST OFFICE- DHUBRI
DISTRICT- DHUBRI
ASSAM
PIN- 783301
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : ASSTT.S.G.I.
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
Date : 15-05-2023
JUDGMENT & ORDER (ORAL)
(AM Bujor Barua, J)
Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Ms. L
Devi, learned CGC for the respondents in the Union of India as well as the
authorities under the NRC, Mr. AI Ali, learned counsel for the authorities under
the Election Commission of India, Mr. G Sharma, learned Special Standing
Counsel, Foreigners Tribunal for the Home Department, Government of Assam,
the Deputy Commissioner of Police (B) City Guwahati, Kamrup(M), Sr.
Superintendent of Police (B) City Guwahati, Kamrup(M), the Superintendent of
Police (B) Dhubri as well as the Officer-in-Charge of Dhubri Police Station and
Ms. U Das, learned Government Advocate for the Deputy Commissioner, Dhubri.
2. The petitioner, namely, Talep Ali @ Taleb Ali was referred to the Foreigners
Tribunal No.2 Kamrup(M) Guwahati for rendering an opinion as to whether he is
a person who had entered the State of Assam on or after 25.03.1971 resulting
in the registration of F.T. Case No.135/2017 wherein an opinion dated
29.06.2018 was rendered declaring the petitioner to be a person who had
entered the State of Assam from the specified territory on or after 25.03.1971.
In the order of the Tribunal, it has been recorded that a reference has been
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made by the Sr. Superintendent of Police (B), City, Guwahati against Taleb Ali @
Talep Ali, son of Lt. Kaichar Ali @ Koyser Ali Sheikh @ Koser Ali @ Koyser of
village Kismathasdaha Pt.II under Dhubri Police Station in the Dhubri district.
3. Being aggrieved this writ petition is instituted.
4. In the writ proceeding, the petitioner relies upon the voters list of 1956 of
village Kismat Hasdaha which contains the name of Shataru Sheikh son of
Nosho at Sl.No.1505. The petitioner thereupon relies upon the voters list of
1966 of village Kismat Hasdaha Pt. II which contains the name of Koyser Ali
Sheikh, son of Shataru at Sl.No.229 as well as the voters list of 1970 of village
Kismat Hasdaha Pt. II which contains the name of Koyser Ali Sheikh, son of
Shataru at Sl.No.232 and that of Kachuani Bibi wife of Koyser at Sl.No.233. The
petitioner also relies upon the voters list of 1975 of village Kismat Hasdaha Pt. II
containing the name of Koyser Ali son of Sataru at Sl.No.219 and that of
Kasuani Bibi wife of Koyser at Sl.No.220. Further reliance is placed on the voters
list of 1985 of village Kismat Hasdaha Pt. II which contains the name of Koyser
Ali son of Sataru at Sl.No.424, Kasuani Bibi wife of Koyser at Sl.No.425 and that
of Ala Uddin son of Koyser at Sl.No.426. Petitioner thereafter relies upon the
voters list of 2008 of village Kismat Hasdaha Pt. II containing the name of
Koyser Ali son of Nataru Sheikh at Sl.No.850, Alep Uddin son of Koyser Ali at
Sl.No.851 and that of Kachuani Bibi, wife of Koyser Ali at Sl.No.853 along with
Talep Ali son of Koyser Ali at Sl.No.85. The voters list of 2010 of village Kismat
Hasdaha Pt. II also contains the same information.
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5. We have noticed that in the voters list of 2008 and 2010 of village Kismat
Hasdaha Pt. II, the father of Koyser Ali had been shown as Nataru Sheikh
instead of Sataru Sheikh, whereas the name of Alim Uddin has been shown as
Alep Uddin, but otherwise the entries in the voters list appears to be consistent
and all the voters list are of the same village i.e. village Kismat Hasdaha Pt. II.
6. We have also perused that the reference was against Taleb Ali @ Talep Ali,
son of Lt. Kaichar Ali @ Koyser Ali Sheikh @ Koser Ali @ Koyser of village
Kismathasdaha Pt.II which gives an indication that the writ petitioner/proceedee
Taleb Ali @ Talep Ali and the Talep Ali of the 2008 and 2010 voters list of village
Kismathasdaha Pt.II are one and the same person.
7. In view of such conclusion arrived, the petitioner Taleb Ali @ Talep Ali is
declared to be a citizen of India. Consequently, all such legal rights and
privileges that may accrue to the petitioner Taleb Ali @ Talep Ali upon such
declaration that he is a citizen of India be made available to him.
8. Writ petition, accordingly, stands allowed.
9. LCR be sent back.
JUDGE JUDGE
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Comparing Assistant
