Citation : 2023 Latest Caselaw 4056 Gua
Judgement Date : 29 September, 2023
Page No.# 1/3
GAHC010153742019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4752/2019
BHANU KANTA MONDAL
S/O- LATE NANDA KUMAR MONDAL, R/O- VILL- UTTAR BIDHYANAGAR,
P.S- HOJAI, P.O- SILIGURI, DIST- HOJAI, ASSAM, PIN- 782435
VERSUS
THE UNION OF INDIA AND 7 ORS
REP. BY THE SECRETARY, MIN OF HOME AFFAIRS, NEW DELHI, PIN-
110001
2:THE CHIEF ELECTION COMMISSIONER OF INDIA
REP. BY THE CHIEF ELECTORAL OFFICER
ASSAM
ELECTION DEPTT
4TH FLOOR
BLOCK C
ASSAM SECRETARIAT
DISPUR
GUWAHATI
PIN- 781006
3:THE REGISTRAR GENERAL OF INDIA
REP. BY THE STATE COORDINATOR
NRC
ASSAM
ULUBARI
GUWAHATI
PIN- 781005
4:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY
HOME DEPTT
Page No.# 2/3
DISPUR
GUWAHATI
PIN- 781006
5:THE DEPUTY COMMISSIONER
HOJAI
DIST- HOJAI SANKARDEV NAGAR
ASSAM
PIN- 782442
6:THE FOREIGNERS REGISTRATION OFFICER
HOJAI
DIST- HOJAI
ASSAM
PIN- 782442
7:THE SUPERINTENDENT OF POLICE (B)
HOJAI
DIST- HOJAI
ASSAM
PIN- 782442
8:THE OFFICER IN CHARGE
HOJAI POLICE STATION
DIST- HOJAI
ASSAM
PIN- 78243
Advocate for the Petitioner : MR. A I UDDIN
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
29-09-2023 (M.R.Pathak, J)
Heard Mr. A I Uddin, learned counsel for the petitioner and Ms. L Devi, learned CGC as well as Standing counsel, NRC for the respondent Nos. 1 & 3. Also heard Mr. A I Ali, learned Standing counsel, Election Commission of India for the respondent No. 2, Mr. J Payeng, Page No.# 3/3
learned Standing counsel, Home Department, Assam for the respondent Nos. 4, 6 & 8 and Mr. P Sarma, learned Government Advocate, Assam for the respondent No. 5.
Call for the records of IMDT/H/394/99(D) (State -Vs.- Bhanu kanta Mandol) from the Office of the Illegal Migrants (D) Tribunal, Hojai, Shankardev Nagar/ the Office of the Superintendent of Police (Border), Hojai, as the case may be, wherein the said Tribunal by the impugned judgment dated 18.09.2004 opined the petitioner to be a foreigner/illegal migrant, who entered into India on or after 25.03.1971.
Also call for the records of WP(C) No. 8469/2018, disposed of on 12.12.2018.
Registry shall list this matter for motion, immediately on receipt of the records from the concerned Tribunal, as we propose to examine the same at the first instance.
A copy of this order requisitioning the case records and the forwarding letter by which the case records are sent to this Court be made part of the record file of the Tribunal.
This order shall be brought to the notice of the Registrar(Judicial).
JUDGE JUDGE Comparing Assistant
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