Gauhati High Court
Rita Devi Gupta vs Union Of India And 4 Ors on 20 December, 2019
Author: Suman Shyam
Bench: Suman Shyam, Parthivjyoti Saikia
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GAHC010289122019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 8948/2019
1:RITA DEVI GUPTA
W/O SRI SUBHAS GUPTA, D/O LATE JATIN LAL SHAW @ JATINDRA NATH
SAHW @ JATINDRA LAL SHAW, R/O WARD NO. 11, SHIV LANE,
NUNIAPATTI, P.O., P.S. AND DIST-DHUBRI, ASSAM, PIN-783301
VERSUS
1:UNION OF INDIA AND 4 ORS.
THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF
INDIA, NEW DELHI-110001
2:THE STATE OF ASSAM
THROUGH THE SECRETARY
GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR GUWAHATI-781006
3:THE DEPUTY COMMISSIONER
DHUBRI DISTRICT
P.O. AND P.S.-DHUBRI (ASSAM)
PIN-783301
4:THE SUPERINTENDENT OF POLICE (B)
P.O. AND P.S. AND DIST-DHUBRI (ASSAM)
PIN-783301
5:OFFICER-IN-CHARGE
DHUBRI POLICE STATION
P.O. AND DIST-DHUBRI (ASSAM)
PIN-78330
Advocate for the Petitioner : MR G P BHOWMIK
Advocate for the Respondent : ASSTT.S.G.I.
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BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 20-12-2019 Suman Shyam, J Heard Mr. G.P. Bhowmik, learned senior counsel assisted by Ms. M. Kalita, learned counsel for the petitioner. We have also heard Mr. A. Kalita, learned Standing Counsel, FT, Ms. A. Verma, learned Standing Counsel, NRC Coordinator, Ms. G. Hazarika, learned CGC and Ms. B. Das, learned Standing Counsel, ECI, appearing for the official respondents.
Mr. Bhowmik submits that the petitioner herein, is a citizen of India by birth and is from Bihar and therefore, section 6-A of the Citizenship Act, 1955 would have no bearing on the question of her citizenship.
After hearing the learned counsel for the parties, we are of the view that the matter would call for deeper examination.
Issue notice returnable in six weeks.
Since the respondents are already represented, no formal notice is required to be sent in this case. However, extra copies of the writ petition in requisite numbers, be furnished to the learned Standing Counsel within three days from today.
Call for the LCR.
Heard on the prayer of interim relief.
Having regard to the facts and circumstances of the case, it is hereby provided that operation of the impugned order dated 21/08/2019 passed by the learned Member, Foreigner's Tribunal No1, Dhubri in FT Case No. 2193/D/2010 [Ref. Case No. R/IM(D)T/1971/98] shall remain suspended until further order.
List accordingly.
JUDGE JUDGE
Sukhamay
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Comparing Assistant