Abdul Aziz@ A Aziz vs The Union Of India And 4 Ors
2025 Latest Caselaw 2877 Gua

Gauhati High Court

Abdul Aziz@ A Aziz vs The Union Of India And 4 Ors on 5 February, 2025

Author: K.R. Surana

Bench: Kalyan Rai Surana, Malasri Nandi

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GAHC010177392024




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

                          Case No. : WP(C)/4551/2024

         ABDUL AZIZ@ A AZIZ
         SON OF MAKFER ALI,
         RESIDENT OF VILLAGE- CHALCHALIA,
         P.S.- KALGACHIA,
         DIST.- BARPETA (ASSAM).



         VERSUS

         THE UNION OF INDIA AND 4 ORS
         REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME
         AFFAIRS,
         GOVT. OF INDIA, SHASTRI BHAWAN, TILOK MARG,
         NEW DELHI-110001.

         2:THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM

         DEPARTMENT OF HOME AND POLITICAL

         DISPUR
         GUWAHATI- 781006.

         3:THE DEPUTY COMMISSIONER OF BARPETA
          P.O. AND DISTRICT- BARPETA

         ASSAM
         PIN- 781301.

         4:THE SUPERINTENDENT OF POLICE (BORDER)
          BARPETA
          P.O. AND DISTRICT- BARPETA
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             ASSAM
             PIN- 781301.

             5:THE ELECTION COMMISSIONER OF INDIA
              NEW DELHI- 110001

Advocate for the Petitioner   : MR. N J DUTTA, MR A BASUMATARY,MR. M M ZAMAN,MR N
AHMED

Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                         ORDER

05.02.2025 (K.R. Surana, J)

Heard Mr.N. Ahmed, learned counsel for the petitioner. Also heard Ms. A. Verma, learned Standing Counsel, FT matters, representing respondent Nos. 2, and 4; Mr. P Sarmah, learned Additional Senior Government Advocate appearing for the respondent No. 3 and Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel, Election Commission of India, for the respondent No.5..

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned judgment and order dated 10.02.2023,

passed by the learned Member, Foreigner's Tribunal No. 11 th, Barpeta, Case No.

(Bpt/11th)F.T.764(A)/2016 in P.E. No. F.T. Case No. 180/2012, dated 31.10.2012, declaring the petitioner as a foreigner who has entered India illegally after 25.03.1971.

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3. Issue notice including notice of prayer for interim relief returnable on 28.02.2025.

4. Requisite extra copies of the writ petition be furnished to the learned DSGI, State and learned Departmental counsel for the respondents in course of 2 (two) working days.

5. Let the relevant records be called from the concerned Tribunal.

6. Prayer for bail shall be considered upon the receipt of the Tribunal records.

7. Requisition for the same be sent to the following email address of the learned Tribunal:-

[email protected]

8. List on 28.02.2025 and or/on receipt of the concerned records from the learned Tribunal.

                                    JUDGE                  JUDGE




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