Citation : 2023 Latest Caselaw 4397 Gua
Judgement Date : 17 October, 2023
Page No.# 1/3
GAHC010221832019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8529/2019
FATEMA @ FATEMA KHATUN
W/O- MD NAJAR ALI, R/O- VILL- BORBORI, P.O- LAHARIGHAT, P.S-
LAHARIGHAT, DIST- MORIGAON, ASSAM, PIN- 782127
VERSUS
THE UNION OF INDIA AND 5 ORS
REP. BY THE SECRETARY, MIN OF HOME AFFAIRS, NEW DELHI
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
DEPTT OF HOME AND POLITICAL
DISPUR
GUWAHATI- 6
DIST- KAMRUP(M)
ASSAM
3:THE SUPERINTENDENT OF POLICE(B)
MORIGAON
P.O- MORIGAON
DIST- MORIGAON
ASSAM
PIN- 782105
4:THE DISTRICT ELECTION OFFICER
MORIGAON
DIST- MORIGAON
ASSAM PIN- 782105
5:THE DEPUTY COMMISSIONER
DIST- MORIGAON
ASSAM
Page No.# 2/3
P.O- MORIGAON
PIN- 782105
6:THE NRC
COORDINATOR
NRC
ASSAM
BHANGAGARH
GUWAHATI- 0
Advocate for the Petitioner : MR. D HAZARIKA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
17-10-2023 (M.R.Pathak, J)
No representation on behalf of the petitioner on call, though name of the counsel for the petitioner has been reflected in the cause list.
Heard Ms. L Devi, learned CGC as well as Standing counsel, NRC, Assam for the respondent Nos. 1 & 6. Also heard Mr. G Sharma, learned Standing counsel, Home Department, Assam for the respondent Nos. 2 & 3; Mr. A I Ali, learned Standing counsel, Election Commission of India for the respondent No. 4 as well as Mr. P Sharma, learned Additional Senior Government Advocate, Assam for the respondent No. 5.
By the impugned judgment and order/opinion dated 16.05.2012 passed in Case No. F.T. (D). 256/2010 in Police Reference D/N Case No. 1733/1998 dated 24.06.1998 on being referred by the Superintendent of Police (Border), Morigaon, the learned Member, Foreigners'
Tribunal (2nd), Morigaon, Assam declared the petitioner to be a foreigner of post 1971 stream under the Foreigners Act, 1946, who had illegally entered into the territory of India (Assam) from the specified territory of Bangladesh.
Being aggrieved with the impugned judgment and order/opinion dated 16.05.2012, noted Page No.# 3/3
above, the petitioner filed this writ petition on 10.09.2019.
Order Sheet reflects that even on the last occasion, i.e., 06.05.2020, when the matter was taken up for consideration, the petitioner remained un-represented.
Today also, there is no representation on behalf of the petitioner.
As such, this writ petition stands dismissed for non-prosecution.
JUDGE JUDGE Comparing Assistant
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