Gauhati High Court
Gobinda Sutradhar vs The Union Of India And 5 Ors on 2 December, 2020
Author: M.R. Pathak
Bench: Manash Ranjan Pathak, Soumitra Saikia
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GAHC010196202019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6184/2019
GOBINDA SUTRADHAR
S/O- LT. GURUDAS SUTRADHAR, R/O- MADHABDEB NAGAR, MALIGAON,
GUWAHATI, DIST- KAMRUP(M), ASSAM, PIN- 781010.
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI, PIN CODE 110001.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY
HOME DEPTT.
ASSAM SACHIVALAYA
DISPUR
GUWAHATI
ASSAM
PIN- 781006.
3:THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 110001.
4:THE STATE CO-ORDINATOR OF NATIONAL REGISTER OF CITIZENS
(NRC)
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S. ROAD
BHANGAGARH
GUWAHATI
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DIST.- KAMRUP(M)
ASSAM
PIN- 781005.
5:THE DEPUTY COMMISSIONER
BAKSA DISTRICT
ASSAM
PIN- 781372.
6:THE SUPERINTENDENT OF POLICE (B)
BAKSA DISTRICT
MUSHALPUR BTAD
ASSAM
PIN- 781372
Advocate for the Petitioner : MR. S CHAUHAN
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MR. JUSTICE SOUMITRA SAIKIA 02-12-2020 (M.R. Pathak, J) Heard Mr. S. Chauhan, learned counsel for the petitioner and Ms. J. Sarma, learned Central Government counsel, Union of India for the respondent No. 1. Also heard Mr. J. Payeng, learned State counsel, for the respondent Nos. 2 5 & 6 and Ms. G. Hazarika, learned Standing counsel, NRC for the respondent No. 4.
No representation on behalf of respondent No. 3.
Being aggrieved with the impugned order dated 04.12.2015 passed by the learned Member, Foreigners' Tribunal, Baksa, Tamulpur in F.T. Case No. 161/Baksa/2015(IMDT Case No. 1098/2001), whereby the Tribunal opined that the petitioner is a foreigner/illegal migrant of post 25.03.1971 stream under the Foreigners Act, 1946, who entered illegally into the territory of Assam, India without any valid documents, the petitioner has preferred this writ petition.
Page No.# 3/3 After hearing the learned counsels for the parties, we propose to examine the relevant record of the Tribunal.
Registry shall call for the record of said F.T. Case No. 161/Baksa/2015 (IMDT Case No. 1098/2001) from the office of the Foreigners' Tribunal, Baksa, Tamulpur which was disposed of on 04.12.2015.
Petitioner shall serve requisite extra copies of this writ petition including the annexures appended thereto on the learned counsels representing the respondents within two days from today i.e., on or before 04.12.2020 by obtaining necessary acknowledgment.
List this matter again for 'motion' after receipt of the Tribunal's record.
In the meanwhile, the respondents shall file their affidavit(s)/objections in the matter, if any.
The interim prayer of the petitioner shall be considered on the next date after receipt of the Tribunal's record.
A copy of this order requisitioning the case records and the Forwarding Letter by which the case records are sent to this Court be made part of the record file of the Tribunal.
This order be brought to the notice of the Registrar (Judicial).
JUDGE JUDGE Comparing Assistant