Page No.# 1/3 vs The Union Of India And 4 Ors
2023 Latest Caselaw 4648 Gua

                                                             Page No.# 1/3

GAHC010157852017




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

                              Case No. : WA/157/2017

         MD ABUL KALAM @ ABUL KAMAL and 6 ORS
         S/O. MOJIBUR HOQUE,

         2: MUSSTT. MANIKJAN

          W/O. ABDUL KALAM


         3: MD. MASUKUR RAHMAN

          S/O. ABDUL KALAM


         4: MAHIBUR

          S/O. ABDUL KALAM


         5: MUSSTT. NAZMINA SULTANA

          D/O. ABDUL KALAM


         6: MUSSTT. RESMINA BEGUM MINOR

          D/O. ABDUL KALAM. REPRESENTED BY HER FATHER ABDUL KALAM
          THE APPELLANT NO. 1. ALL ARE R/O. VILL. BARBARI
          P.S. DHARMTUL
          DIST. MORIGAON
          ASSAM.

         7: MUSSTT. JESMINA

          D/O. ABDUL KALA
                                                                    Page No.# 2/3


            VERSUS

            THE UNION OF INDIA and 4 ORS
            REP. BY THE SECRETARY OF 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 DEPTT.
             DISPUR
             GUWAHATI-6.

            3:THE DY. COMMISSIONER
             MORIGAON

             DIST. MORIGAON
             ASSAM.

            4:THE SUPERINTENDENT OF POLICE B
             MORIGAON

             DIST. MORIGAON
             ASSAM.

            5:THE OFFICER-IN-CHARGE

             DHARMATUL POLICE STATION
             DIST. MORIGAON
             ASSAM

Advocate for the Petitioner   : MR.S HOQUE

Advocate for the Respondent :

Page No.# 3/3

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MRS. JUSTICE MITALI THAKURIA 17/11/2023 (M.R. Pathak, J)

Heard Mr. M A Sheikh, learned counsel for the petitioner and Mr. K Gogoi, learned Central Government Counsel for the respondent No. 1. Also heard Mr. G Sarma, learned Standing counsel, Home Department, Assam for the respondent Nos. 2, 4 & 5 and Mr. P Sarma, learned Additional Senior Government Advocate, Assam for the respondent No. 3.

By the judgment and order dated 06.11.2009, the learned Member, Foreigners' Tribunal (1 st), Morigaon, Assam in Case No. F.T. (C) 619/2006 ( State of Assam Vs. Md. Abdul Kalam & Orthers ) declared the appellant herein to be a foreigner under the Foreigners Act, 1946.

Against the said finding of the learned Member, Foreigners' Tribunal (1 st), Morigaon, Assam dated 06.11.2009, the petitioner/appellant herein preferred a writ petition being WP(C) No. 1813/2010 and after hearing the learned counsels for the parties, the learned Single Judge by judgment and order dated 14.09.2015 dismissed the said WP(C) No. 1813/2010 preferred by the appellant upholding the order of the learned Tribunal dated 06.11.2009. Hence, this writ appeal.

Call for the record of Case No. F.T. (C) 619/2006 from the office of the learned Member,

Foreigners' Tribunal (1st), Morigaon, Assam as well as the record of WP(C) No. 1813/2010, disposed of on14.09.2015.

Registry shall list this matter for admission immediately on receipt of the relevant records.

                                                           JUDGE                       JUDGE




Comparing Assistant