Page No.# 1/3 vs Union Of India And 6 Ors
2025 Latest Caselaw 8403 Gua

Gauhati High Court

Page No.# 1/3 vs Union Of India And 6 Ors on 10 November, 2025

Author: S.K. Medhi

Bench: Sanjay Kumar Medhi

                                                                   Page No.# 1/3

GAHC010276882018




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

                            Case No. : WP(C)/8686/2018

         ANIMA DEY AND 3 ORS.
         W/O. LT. KRISHNA PADA DEY, AND DO. LT. HARENDRA KUMAR DAS, R/O.
         KRISHNAI, ASUDUBI, P.O. AND P.S. KRISHNAI, DIST. GOALPARA, ASSAM.

         2: SMT. KAMINI DEY
         W/O. LT. SUBRATA DEY
          R/O. ASHUDUBI
          KRISHNAI
          KHARIJAPAIKAN
          P.O. AND P.S. KRISHNAI
          DIST. GOALPARA
         ASSAM.

         3: MASTER BIBI DEY

          S/O. LT. SUBRATA DEY
          R/O. ASHUDUBI
          KRISHNAI
          KHARIJAPAIKAN
          P.O. AND P.S. KRISHNAI
          DIST. GOALPARA
          ASSAM.

         4: SWETTA DEY

         S/O. LT. SUBRATA DEY
         R/O. ASHUDUBI
         KRISHNAI
         KHARIJAPAIKAN
         P.O. AND P.S. KRISHNAI
         DIST. GOALPARA
         ASSAM. SERIAL NO. 3 AND 4 ARE BEING MINORS BOTH OF THEM ARE
         REP. BY THEIR GRAND MOTHER SMT. ANIMA DEY AND MOTHER SMT.
         KAMINI DEY
                                                                              Page No.# 2/3


            VERSUS

            UNION OF INDIA AND 6 ORS.
            BEING REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF
            HOME AFFAIRS, NEW DELHI-110001.

            2:THE STATE OF ASSAM

             BEING REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
             DEPTT. OF HOME AFFAIRS
             DISPUR
             GUWAHATI
             DIST. KAMRUP (M)
             ASSAM.

            3:THE DY. COMMISSIONER

             DIST. GOALPARA AT GOALPARA
             ASSAM.

            4:THE SUPDT. OF POLICE (B)

             GOALPARA
             DIST. GOALPARA
             ASSAM.

            5:THE OFFICER IN CHARGE

             KRISHNAI POLICE STATION
             KRISHNAI
             DIST. GOALPARA
             ASSAM.

            6:THE ELECTION COMMISSIONER

             ASSAM
             DISPUR
             GUWAHATI-06.

            7:THE NODAL OFFICER

             NATIONAL REGISTRAR OF CITIZENS OF INDIA
             ASSAM

Advocate for the Petitioner   : MR. D NANDI, MS. S ROY,MS P SARMAH,SC, ECI

Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, F.T
                                                                        Page No.# 3/3


                                     BEFORE
                    HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
                  HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                      ORDER

10.11.2025 (S.K. Medhi, J) Heard Shri D. Nandi, learned counsel for the petitioners. Also heard Shri G. Sharma, learned Standing Counsel, Home Department, Shri S.K. Medhi, learned CGC and Shri A.I. Ali, learned counsel for the Election Commission.

Four numbers of petitioners have joined together in presenting this petition under Article 226 of the Constitution of India challenging a judgment and order dated 01.01.2011 passed by the learned Foreigners Tribunal, Goalpara whereby one Subrata Dey was declared a foreigner. It is submitted that the aforesaid judgment was passed ex parte.

The petitioners are the relatives of the deceased against whom the judgment was rendered. It however transpires that even at the time of presenting this writ petition, the opposite party against whom the proceeding was initiated had passed away.

The learned counsel for the respondents have submitted that no action can be taken against any individual without there being any individual reference. That being the position, we are of the view that the present challenge is more of an academic nature and would have no effect on the writ petitioners.

That being so, the writ petition stands closed.

                                    JUDGE                        JUDGE

Comparing Assistant