Nirakul Sarkar vs The Union Of India And 6 Ors
2024 Latest Caselaw 458 Gua

Gauhati High Court

Nirakul Sarkar vs The Union Of India And 6 Ors on 29 January, 2024

Author: M.R. Pathak

Bench: Manash Ranjan Pathak, Parthivjyoti Saikia

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GAHC010216252019




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

                          Case No. : WP(C)/7101/2019

         NIRAKUL SARKAR
         S/O- LT. PARESH SARKAR, PERMANENT RESIDENT OF VILLAGE-
         KARCHOWABORI (SANTALI), P.O- JAGRON, P.S.- JAGIROAD, (MAYONG),
         DIST- MORIGAON, ASSAM.



         VERSUS

         THE UNION OF INDIA AND 6 ORS.
         REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, NEW
         DELHI-1.

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          HOME DEPTT.
          DISPUR
          GUWAHATI-06.

         3:THE DEPUTY COMMISSIONER
          MORIGAON
          DIST.- MORIGAON
         ASSAM
          PIN- 782105.

         4:THE SUPERINTENDENT OF POLICE
          MORIGAON
          DIST- MORIGAON
         ASSAM
          PIN- 782105.

         5:THE ASSAM STATE ELECTION COMMISSION
          REP. BY ITS COMMISSIONER
          HOUSEFED
          DISPUR
                                                                          Page No.# 2/3

                   GUWAHATI-06.

                   6:THE STATE COORDINATOR OF NATIONAL REGISTRATION (NRC)
                   ASSAM
                    REP. BY ITS REGISTRAR
                    BHANGAGARH
                    GUWAHATI-05.

                   7:THE FOREIGNERS TRIBUNAL (1ST)
                    MORIGAON
                    PIN- 782105

Advocate for the Petitioner       : MR. H N SARMA

Advocate for the Respondent : ASSTT.S.G.I.




                                            BEFORE
                    HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
                     HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
                                           O R D E R

29.01.2024 (M.R. Pathak, J)

Heard Mr. H.N. Sarma, learned counsel appearing for the petitioner and Mr. G. Sharma, learned Standing Counsel, Home Department, Assam for the respondent Nos.2 and 4. Also heard Mr. P. Sharma, learned Additional Senior Government Advocate, Assam for the respondent No.3 and Mr. T. Pegu, learned counsel on behalf of Mr. A.I. Ali, learned Standing Counsel, Election Commission of India for the respondent No.5.

2. The petitioner herein filed this writ petition on 04.09.2019 dissatisfied with the judgment dated 30.04.2011 passed by the learned Member, Foreigners'

Tribunal (1st), Morigaon in F.T.(D) Case No.229/2006, whereby he has been declared to be a foreigner under the Foreigners Act, 1946.

3. The petitioner contended that on 02.09.2008, he submitted his written Page No.# 3/3

statement in the said F.T.(D) Case No.229/2006 and the Tribunal passed the impugned judgment on 30.04.2011 without considering the materials submitted therein.

4. After certain deliberation in the matter, we propose to peruse the records in original pertaining to F.T.(D) Case No.229/2006, wherein the impugned judgment dated 30.04.2011 was passed by the learned Member, Foreigners'

Tribunal (1st), Morigaon, declaring the petitioner to be a foreigner under the Foreigners Act, 1946.

5. Accordingly, the respondents in the Home Department, Assam shall place the records in original of said F.T.(D) Case No. 229/2006 from the office of the

learned Member, Foreigners' Tribunal (1st), Morigaon on 08.02.2024.

6. List accordingly.

7. A copy of this order be furnished to Mr. G. Sharma, learned Standing Counsel, Home Department, Assam for his necessary use.

             JUDGE                                         JUDGE



Comparing Assistant