Gauhati High Court
Md. Safique Kuraishi vs The Union Of India And 3 Ors on 14 March, 2023
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
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GAHC010016912017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1735/2017
MD. SAFIQUE KURAISHI
S/O- LATE LATIF KURAISHI, R/O- VILL- DOLOHAT, SONAPUR, P.OandP.S-
NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM
VERSUS
THE UNION OF INDIA and 3 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
DEPARTMENT OF HOME, DISPUR, GUWAHATI-6, ASSAM
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
DEPT. OF HOME
DISPUR
GUWAHATI-6
ASSAM
3:THE DEPUTY COMMISSIONER
LAKHIMPUR
AT NORTH LAKHIMPUR
PIN- 787001
ASSAM
4:THE SUPERINTENDENT OF POLICEB
NORTH LAKHIMPUR
DIST- LAKHIMPUR
PIN- 787001
ASSA
Advocate for the Petitioner : MR.H K BARUAH
Advocate for the Respondent :
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 14-03-2023 (AM Bujor Barua, J) Heard Mr. A Sattar, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondent no. 1 being the authorities under the Union of India, Mr. G Sarma, learned counsel for the respondents no. 2 and 4 being the authorities under the Home Department of the Government of Assam and Ms. K Phukan, learned counsel for the respondent no. 3 being the Deputy Commissioner, Lakhimpur.
2. The petitioner Md. Sufique Kuraishi had been referred to the Foreigners Tribunal No. 1, North Lakhimpur for rendering an opinion as to whether he is a person who entered the State of Assam from the specified territory on or after 25.03.1971, resulting in registration of LFT Case No. 1341/2011. Although the petitioner received notice from the Tribunal and had initially appeared but on subsequent date failed to appear before the Tribunal without any reasonable and acceptable cause resulting in the ex-parte order dated 12.11.2013.
3. Being aggrieved this writ petition is instituted.
4. We do not notice any infirmity in the order dated 12.11.2013 inasmuch as the petitioner on his own volition had failed to appear before the Tribunal for further proceeding. But however, for the interest of the just, we remand the matter back to the Tribunal for adjudication on its merit.
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5. Because of the conduct of the petitioner, the petitioner to pay a cost of Rs.5000/- (Rupees Five Thousand) to be deposited in the District Legal Services Authority, Lakhimpur and thereafter appear before the Tribunal. The petitioner to appear before the Tribunal on 18.04.2023.
Writ petition stands disposed of in the above terms.
JUDGE JUDGE Comparing Assistant