Gauhati High Court
Kamal Kumar Tamang vs The Union Of India And 5 Ors on 7 December, 2018
Author: Manojit Bhuyan
Bench: Manojit Bhuyan, Nani Tagia
Page No.# 1/2
GAHC010216292018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 6710/2018
1:KAMAL KUMAR TAMANG
S/O- LT BAL BAHADUR TAMANG (LIMBU), R/O- NO. 1 UTTAR DIMAKUCHI,
P.O. AND P.S. DIMAKUCHI,, DIST- UDALGURI (ASSAM), PIN- 784526
VERSUS
1:THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI, PIN- 110011
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY.
GOVT. OF ASSAM, HOME AND POLITICAL DEPTT.
DISPUR, GHY-6, PIN- 781006
3:THE STATE COORDINATOR
OF NATIONAL REGISTRAR OF CITIZENSHIP (NRC)
ASSAM, BHANGAGARH
GHY-5, DIST- KAMRUP (ASSAM)
PIN- 781005
4:THE DY. COMMISSIONER
UDALGURI, P.O. AND P.S. UDALGURI (ASSAM)
PIN- 784509
5:THE SUPERINTENDENT OF POLICE (B)
UDALGURI, P.O. AND P.S. UDALGURI (ASSAM)
PIN- 784509
6:THE ELECTORATE REGISTRATION OFFICER
DIST- UDALGURI, ASSAM, PIN- 78450
Advocate for the Petitioner : MR. D SARMAH
Advocate for the Respondent : ASSTT.S.G.I.
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BEFORE
HONOURABLE MR. JUSTICE MANOJIT BHUYAN
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 07-12-2018 (Manojit Bhuyan, J) Heard Mr. U. Das, learned counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for respondent no.1; Mr. J. Payeng, learned counsel for respondent nos. 2, 3 and 4; Ms. N. Upadhyay, learned counsel for respondent no.5 and Ms. U. Das, learned counsel for respondent no.6.
Without going into the merits of the case, petitioner submits that the order/opinion of the Tribunal dated 05.09.2008 is inherently flawed, inasmuch as, the petitioner as belonging to the Gorkha Community with Nepali language as his dialect is not a person entering into India from the "specified territory" as defined in the Citizenship Act, 1955.
Mr. J. Payeng, learned State Counsel submits that the issue raised in the present writ petition is also the subject matter in a bunch of writ petitions, which are yet to be heard. Mr. Payeng submits that this matter be taken up together with the other bunch of cases, the lead case being WP(C) No. 6875/2016.
Issue Notice.
List along with WP(C) No. 6875/2016.
Case records received from the Tribunal be retained.
JUDGE JUDGE Comparing Assistant