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Gauhati High Court
Page No.# 1/5 vs The Union Of India And 7 Ors on 23 March, 2026
Author: K.R. Surana
Bench: Kalyan Rai Surana
Page No.# 1/5
GAHC010163472019
2026:GAU-AS:4212
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4991/2019
DILIP SARKAR
S/O- LT JITENDRA SARKAR @ JITENDRA CH. SARKAR, R/O. VILL.
SARUPATGAON, P.S.- RANGAPARA (TEZPUR), DIST.- SONITPUR, ASSAM,
PIN- 784505.
VERSUS
THE UNION OF INDIA AND 7 ORS.
REP. BY THE SECRETARY, HOME AFFAIRS, NEW DELHI, DELHI-01.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY.-6.
3:THE ELECTION COMMISSION OF INDIA
NEW DELHI-01.
4:THE SPECIAL COUNSEL OF NRC
GOVT. OF ASSAM
GHY.-1.
5:THE SPECIAL COUNSEL OF FOREIGNERS TRIBUNAL
GOVT. OF ASSAM
GHY-1.
6:THE SUPERINTENDENT OF POLICE
BORDER
SONITPUR
ASSAM
PIN- 784001.
Page No.# 2/5
7:OFFICER-IN-CHARGE
RANGAPARA P.S.
SONITPUR
ASSAM
PIN- 784505.
8:THE DEPUTY COMMISSIONER
DIST.- SONITPUR
ASSAM
PIN- 784001
Advocate for the Petitioner : MR. R C DAS, MR S C DAS,MR P BURAGOHAIN
Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, NRC,SC, ECI
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 23.03.2026
(K.R. Surana, J)
Heard Mr. S.C. Das, learned counsel for the petitioner. Also heard Mr. C.S.
Baruah, learned CGC; Ms. A. Verma, learned standing counsel for the FT &
Border matters; Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P.
Sarmah, learned Addl. Senior Govt. Advocate for the State respondent.
2. By filing this writ petition under Article 226 of the Constitution of
India, the petitioner has assailed the impugned opinion dated 05.10.2018,
passed by the learned Member, Foreigners' Tribunal 7 th Sonitpur, Balipara, in
Case No. FTDC 441/16, arising out of Ref. No. TZP(B)/1071/97 dated 15.09.98,
by which the petitioner was declared to be a foreigner of post 25.03.1971
stream.
Page No.# 3/5
3. In view of the order which is proposed to be passed, the pleadings
and evidence on record have not been referred to.
4. It would suffice to mention that along with his evidence-on-affidavit,
the petitioner, who had examined himself as DW-1, had exhibited a copy of NRC
legacy data (Ext.I), copy of Sale Deed dated 23.01.1957 by Jitendra Sarakar, the
projected father of the petitioner (Ext. II), Elector Photo Identity Card (Ext.III),
the certified copy of the Electoral roll of 2018 (Ext.IV), copy of the NRC output
copy ARN No. 101830602042046900987 in the name of petitioner (Ext.V).
However, the learned Tribunal found the said sale deed (Ext.II) to be a deed
executed in the year 1987 and accordingly, by holding that the document was
exhibited after 25.03.1971, did not consider the same.
5. On perusal of the said sale deed (Ext.II), which is available at pages
54 to 56 of the Tribunal's records, the date of registration, which is handwritten
in the space given in the rubber stamp is 23.01.1987 and the same date, being
23.01.1957, appears at the end of the deed, at page 55 of the Tribunal's record,
which is just before the schedule of the land. The date 23.01.1957 also appears
at page 56. It also noticed from the entry made in page 56 of Tribunal's record
that the said deed was entered in the volume book No. 19 of 1956 on
14.10.1957. Therefore, there is no doubt that the said sale deed is not a deed of
23.01.1987, but it is a deed of the year 1957.
6. The said finding regarding (Ext.II) is found to be perverse, contrary to
the contents of (Ext.II), as indicated above, and accordingly, the said error has
vitiated the impugned opinion dated 05.10.2018.
7. Accordingly, the impugned opinion dated 05.10.2018, passed by the
learned Member, Foreigners' Tribunal, Assam, 7th Sonitpur, Balipara, in Case No.
Page No.# 4/5
FTDC 441/16, arising out of Ref. No. TZP(B)/1071/97 dated 15.09.98, is hereby
set aside with the following directions:
i. The matter is remanded for a fresh determination before
the learned Member, Foreigners' Tribunal, Assam, 7 th Sonitpur,
Balipara.
ii. The petitioner, who is duly represented by his learned
counsel, is directed to appear before the learned Member,
Foreigners' Tribunal, Assam, 7th Sonitpur, Balipara on 30.04.2026
without fail and by producing a certified copy of the order, await
further orders from the said learned Tribunal.
iii. On appearance of the petitioner, it would be open to the
said learned Tribunal to call upon the petitioner to take bail.
Therefore, the petitioner shall be prepared to take bail on the said
date of appearance.
iv. Thereafter, the learned Tribunal shall determine the
matter afresh by considering Ext.II to be a deed executed on
23.01.1957, unless evidence reveals something else.
v. In the event the learned Tribunal has any doubts, it may
call upon the petitioner to produce the original sale deed for
perusal and consideration.
vi. In the event the petitioner does not appear on the dates
fixed, it would be permissible for the said learned Tribunal to treat
the petitioner as absent on call and pass appropriate orders
including an order for cancellation of bail.
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8. The learned Tribunal is expected to decide the matter afresh as
expeditiously as possible.
9. The writ petition stands partly allowed to the extent as indicated
above.
10. There shall be no order as to costs.
11. The records are to be sent back expeditiously along with a copy of this
order to the concerned Tribunal.
JUDGE JUDGE
Comparing Assistant
