Gauhati High Court
Nikhil Chandra Biswa Sharma @ Nikhil ... vs The Union Of India And 5 Ors on 27 January, 2025
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010207222018
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6415/2018
NIKHIL CHANDRA BISWA SHARMA @ NIKHIL CHANDRA BISWAS
S/O- LT KARTIK CHANDRA BISWA SARMA @ KARTIK CHANDRA BISWAS,
R/O- WARD NO 6, DHEKIAJULI TOWN, P.O. AND P.S. DHEKIAJULI, DIST-
SONITPUR, ASSAM, 784110
VERSUS
THE UNION OF INDIA AND 5 ORS.
THROUGH THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA,
NEW DELHI- 110011
2:THE STATE OF ASSAM
THROUGH THE SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
3:THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN ASOKA ROAD
NEW DELHI- 110001
4:THHE STATE COORDINATOR
NATIONAL REGISTRATION OF CITIZEN
ASSAM
BHANGAGARH
GHY-5
5:THE DY. COMMISSIONER
SONITPUR
P.O. TEZPUR
DIST- SONITPUR
ASSAM
PIN- 784001
Page No.# 2/3
6:THHE SUPERINTENDENT OF POLICE (B)
SONITPUR
P.O. TEZPUR
DIST- SONITPUR
ASSAM
PIN- 78400
Advocate for the Petitioner : MR. S C BISWAS, MS A DAS,MS A BORAH
Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, F.T,SC, NRC
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
27.01.2025
(Manash Ranjan Pathak, J.)
Heard Mr F A Hassan, learned counsel appearing for the petitioner and Mr Dhrupad
Jyoti Das, learned CGC, appearing on behalf of respondent No. 1. Also heard Mr G
Sharma, learned Standing Counsel, Home and Political Department, for the respondent
Nos. 2, 4 and 6, Mr H Kulie, learned Standing Counsel, Election Commission of India,
for the respondent No. 3, and Mr P Sharma, learned Additional Senior Government
Advocate, Assam, for the respondent No. 5,
2. Notice in this case was issued on 17.09.2018.
3. Registry has also received the relevant records from the Foreigners' Tribunal 9 th,
Sonitpur at Dhekiajuli, that was called for by order dated 17.09.2018.
4. Issue Rule.
5. As Mr Dhrupad Jyoti Das, learned CGC, Mr G Sharma, learned Standing Counsel,
Home and Political Department, Mr H Kulie, learned Standing Counsel, Election
Commission of India, and Mr P Sharma, learned Additional Senior Government
Advocate, Assam, have accepted notice on behalf of respondent Nos. 1, 2, 4, 6, 3 and 5,
Page No.# 3/3
no formal notice need to be issued to the respondents.
6. By the impugned judgment/opinion dated 21.12.2016, the learned Member,
Foreigners' Tribunal 9th, Sonitpur at Dhekiajuli, in Case No. FT (9) Case No. 160/2016,
opined the petitioner to be a foreigner of the stream of 01.01.1966-24.03.1971, and
directed him to register himself before the Special Foreigners Regional Registration
Officer, Sonitpur, Tezpur, in accordance with Rule 19 of the Citizenship Rules, 2009,
within 180 days of the said order dated 21.12.2016. The petitioner submitted that he has
registered himself before the Superintendent of Police, Sonitpur, Tezpur, the concerned
Special Foreigners Regional Registration Officer, on 14(16)/01.2017, pursuant to the
final judgment/opinion dated 21.12.2016.
7. It is seen that the petitioner has submitted the relevant application in Form-23.
8. List the matter on 13 th of February, 2025, enabling Mr G Sharma, learned Standing
Counsel, Home and Political Department, Assam, for the respondent Nos. 2 and 6, to
apprise the Court as to when the petitioner registered himself before the concerned the
Special Foreigners Regional Registration Officer -cum- Superintendent of Police,
Sonitpur, Tezpur, under the Citizenship Act, 1955 and Citizenship Rules, 2009, in terms
of the impugned judgment and opinion dated 21.12.2016, and by submitting application,
in which format (relevant form under Citizenship Rules, 2009).
9. Let a copy of this order be furnished to Mr G Sharma, learned Standing Counsel,
Home and Political Department, for doing the needful.
JUDGE JUDGE
Comparing Assistant
