Samarta Bhanu vs The Union Of India And 6 Ors
2025 Latest Caselaw 4037 Gua

Gauhati High Court

Samarta Bhanu vs The Union Of India And 6 Ors on 12 March, 2025

Author: M.R.Pathak

Bench: Manash Ranjan Pathak, Malasri Nandi

                                                               Page No.# 1/3

GAHC010048172025




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

                         Case No. : WP(C)/1357/2025

         SAMARTA BHANU
         WIFE OF ASAB ALI,
         RESIDENT OF VILLAGE- GAMARIGURI,
         P.O.- GOBARDHANA,
         P.S.- BARPETA ROAD,
         DISTRICT- BARPETA, ASSAM.
         PIN- 781315.



         VERSUS

         THE UNION OF INDIA AND 6 ORS.
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
         MINISTRY OF HOME AFFAIRS, NEW DELHI- 110001.

         2:THE ELECTION COMMISSION OF INDIA
          REPRESENTED BY THE CHIEF ELECTION COMMISSION OF INDIA

         NIRVACHAN ASHOKA ROAD
         NEW DELHI- 110001.

         3:THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM

         HOME DEPARTMENT
         DISPUR
         GUWAHATI- 781006.

         4:THE NATIONAL REGISTER OF CITIZENS
          REPRESENTED BY THE STATE COORDINATOR

         ACHYUT PLAZA
                                                                              Page No.# 2/3

             BHANGAGARH
             GUWAHATI- 781005

            DISTRICT- KAMRUP(M)
            ASSAM.

            5:THE DISTRICT COMMISSIONER
             BARPETA
             DISTRICT- BARPETA
            ASSAM
             PIN- 781301.

            6:THE MEMBER
             FOREIGNERS TRIBUNAL NO. 11
             BARPETA
             SARBHOG
             DISTRICT- BARPETA

            ASSAM
            PIN- 781301.

            7:THE SUPERINTENDENT OF POLICE(B)
             BARPETA
             DISTRICT- BARPETA
            ASSAM
             PIN- 781301

Advocate for the Petitioner   : MR. A PAUL,

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




                                  BEFORE
                HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

12-03-2025 (M.R.Pathak, J)

Heard Mr. A. Paul, learned counsel for the petitioner. Also heard Mr. M.R. Adhikari, learned Standing Counsel, CGC for the respondent No. 1; Mr. M. Kalita, learned counsel standing on behalf of Ms. P. Baruah, learned standing counsel for ECI for respondent No.2, Ms. A. Verma learned Standing counsel for Home and Political Department for respondent No. Page No.# 3/3

3; Mr. G. Sharma, learned counsel for NRC for respondent No.4; Mr. P. Srama, learned Additional Senior Government Advocate, Assam for the State respondents.

2) This writ petition has been filed challenging the judgment and order dated 06.03.2023 of the Foreigners' Tribunal No-11, Barpeta, Sorbhog passed in Ref. FT Case No:-

1821/2017, by which the petitioner filed petition on 04.03.2024 challenging the order dated 06.03.2023. Referred by the Superintendent of Police (Border), Barpeta vide reference No.10770/98, whereby the petitioner has been declared to be a foreigner under the Foreigners Act, 1964.

3) It is seen that the Foreigners Tribunal, No.11, Barpeta, Sorbhog has made a party respondent no.6 in the present proceeding, which according to us in our opinion is not a necessary party for proper adjudication of this case. Therefore, respondent no.6 be deleted from the cause title and respondent no.7 Superintendent of Police (Border), Barpeta be renumbered as respondent no.6

4) The registry shall accordingly correct the cause title.

5) Call for the records of Ref. F.T case No.1821/2017 arising out Reference No. 10770/98 from the Officer of the Foreigners Tribunal, No.11, Barpeta, Sorbhog.

6)       List the matter on 08.04.2025 in the motion stage




                                               JUDGE                      JUDGE




Comparing Assistant