Phuljan Nessa vs The Union Of India And 5 Ors
2023 Latest Caselaw 2149 Gua

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GAHC010171432020




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

                         Case No. : Review.Pet./116/2020

         PHULJAN NESSA
         W/O- MD. ABU TALEB, D/O- MD. ABED ALI @ ABED ALI SK. @ ABEDALI,
         R/O- VILL.- TILAPARA, P.S. ABHAYAPURI, DIST.- BONGAIGAON, ASSAM.



         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF
         INDIA, SASTRI BHAWAN, NEW DELHI- 110001.

         2:THE STATE OF ASSAM
          REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAN
          HOME DEPARTMENT
          DISPUR
          GUWAHATI-6.

         3:THE SUPERINTENDENT OF POLICE (B)
          BONGAIGAON
          P.O. AND DIST.- BONGAIGAON
         ASSAM
          PIN- 783380.

         4:THE DEPUTY COMMISSIONER
          BONGAIGAON
          P.O. AND DIST.- BONGAIGAON
         ASSAM
          PIN- 783380.

         5:THE ELECTION COMMISSION OF INDIA
          REP. BY THE CHIEF ELECTION COMMISSION OF INDIA
          NIRVACHAN ASHOKA ROAD
          NEW DELHI.
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                6:THE NATIONAL REGISTER OF CITIZEN

                REP. BY THE STATE CO-ORDINATOR
                ACHYUT PLAZA
                BHANGAGARH
                KAMRUP(M)
                ASSAM

Advocate for the Petitioner     : MR. M A SHEIKH

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

24.05.2023 (A.M. Bujor Barua, J)

A fundamental question has arisen in this review petition as to whether a review is maintainable against an earlier review order.

Mr. MA Sheikh, learned counsel for the petitioner refers to the order of the Hon'ble Supreme Court dated 24.02.2020 in IA No. 129454/2019, which a petition for condoning a delay and IA No. 129455/2019 which was for exemption from filing O.T., wherein the learned counsel for the petitioner/appellant before the Hon'ble Supreme Court sought permission to withdraw the petition with liberty to file fresh review petition before the Hon'ble Supreme Court and the Hon'ble Supreme Court provided that permission as sought for is granted.

A question has arisen as to whether the said permission granted by the Hon'ble Supreme Court on a permission being sought for by the learned counsel Page No.# 3/3

for the petitioner/appellant before the Supreme Court would enable the maintainability of a review petition against an earlier review order in view of the judgment of the Hon'ble Supreme Court rendered in Lily Thomas -vs- Union of India and others, reported in (2000) 6 SCC 224.

As prayed for, list the matter after four weeks.

                JUDGE                                                JUDGE



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