Abdul Aziz @ A. Aziz @ Aziz @ Md. Aziz Ali vs The Union Of India And 5 Ors
2025 Latest Caselaw 2359 Gua

Gauhati High Court

Abdul Aziz @ A. Aziz @ Aziz @ Md. Aziz Ali vs The Union Of India And 5 Ors on 27 January, 2025

Author: Manash Ranjan Pathak

Bench: Manash Ranjan Pathak

                                                                    Page No.# 1/3

GAHC010206332018




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

                          Case No. : WP(C)/6413/2018

         ABDUL AZIZ @ A. AZIZ @ AZIZ @ MD. AZIZ ALI
         S/O- DARBES ALI @ DARBES SK. @ DARBES ALI MOLLAH@ DARBES
         BEPARI, PERMANENT R/O- VILL- MONIRCHAR PART-1, P.S. SOUTH
         SALMARA, DIST- DHUBRI (ASSAM), PRESENTLY RESIDING AT VILL-
         JOLDOBA PART- 1, P.O. PAGLAHAT, P.S. KAZIGAON, DIST- KOKRAJHAR
         (BTAD), ASSAM


         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         REP. BY THE SECY., TO THE GOVT. OF INDIA, MINISTRY OF HOME DEPTT.,
         NEW DELHI-1

         2:THE STATE OF ASSAM
          REP. BY THE SECY.. TO THE GOVT. OF ASSAM
          HOME DEPTT.
          DISPUR
          GHY-6

         3:SUPERINTENDENT OF POLICE (B)
          KOKRAJHAR P.O. ANND P.S. KOKRAJHAR
          DIST- KOKRAJHAR (BTAD)

          ASSAM
          PIN- 783370

         4:THE DY. COMMISSIONER
          KOKRAJHAR
          DIST- KOKRAJHAR
          PIN- 783370

         5:ELECTION COMMISSION OF INDIA
          REP. BY CHIEF ELECTION COMMISSIONER
                                                                            Page No.# 2/3

             NEW DELHI-1

             6:STATE COORDINATOR
              NATIONAL REGISTER OF CITIZENS (NRC)
             ASSAM ACHYUT PLAZA
              BHARALUPAR
              BHANGAGARH
              GHY.

Advocate for the Petitioner   : MR. S ALIM, MR. B HUSSAIN,MR. A T SIKDER,MR. K ISLAM

Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T



                                        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 S Alim, 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, 3 and 6, Mr P Sharma, learned Additional Senior Government Advocate, Assam, for the respondent No. 4, Mr H Kulie, learned Standing Counsel, Election Commission of India, 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, Kokrajhar, 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 P Sharma, learned Additional Senior Government Advocate, Assam, and Mr H Kulie, learned Standing Counsel, Election Commission of India, have accepted notice on behalf of respondent Nos. 1, 2, 3, 6, 4 and 5, no formal Page No.# 3/3

notice need to be issued to the respondents.

6. By the impugned judgment/opinion dated 26.03.2018, the learned Member, Foreigners' Tribunal, Kokrajhar, in Case No. K/FT/D/2711/12, opined the petitioner to be a foreigner of the stream of 01.01.1966-24.03.1971, and directed him to register himself in accordance with Rule 19 of the Citizenship Rules, 2009, within 30 (thirty) days before the competent authority. The petitioner submitted that he has submitted the relevant application in Form-23.

7. 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 3, to apprise the Court as to when the petitioner registered himself under the Citizenship Act, 1955 and Citizenship Rules, 2009, in terms of the impugned judgment and opinion dated 26.03.2018, and by submitting application, in which format (relevant form under Citizenship Rules, 2009).

8. 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