Gauhati High Court
Musstt Hena Khatoon @ Fena Begum vs The Union Of India And 7 Ors on 20 May, 2024
Author: M.R.Pathak
Bench: Manash Ranjan Pathak
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GAHC010255192023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2625/2024
MUSSTT HENA KHATOON @ FENA BEGUM
W/O- MD. AJAD ALI,
D/O- HAMED ALI @ HAMID ALI,
R/O- VILL- KHARUPETIA TILLAPATTY,
P.S.- DALGAON (NOW KHARUPETIA),
DIST.- DARRANG, ASSAM.
VERSUS
THE UNION OF INDIA AND 7 ORS
REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA,
THE MINISTRY OF HOME AFFAIRS, NEW DELHI.
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE DIRECTOR GENERAL OF POLICE (ADMN.)
ASSAM
ULUBARI
GUWAHATI- 7.
4:THE SUPERINTENDENT OF POLICE (B)
DARRANG
P.O.- MANGALDAI
DIST.- DARRANG
ASSAM.
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5:THE DEPUTY COMMISSIONER
DARRANG
P.O.- MANGALDAI
DIST.- DARRANG
ASSAM.
6:THE ELECTION COMMISSIONER OF INDIA
NEW DELHI-1.
7:THE DISTRICT ELECTION OFFICER
DARRANG
P.O.- MANGALDAI
DIST.- DARRANG
ASSAM.
8:THE STATE CO-ORDINATOR
NRC
ASSAM
ACHYUT PLAZA
BHANGAGARH
GUWAHATI-5
Advocate for the Petitioner : MD B ISLAM
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
20-05-2024 (M.R.Pathak, J) Heard Md. B. Islam, learned counsel for the petitioner and Ms. A. Verma, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2, 3 and 4 as well as Mr. R. Talukdar, learned Government Advocate, Assam for the respondent No.5 and Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 6.
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2) In a reference being made by the Superintendent of Police (Border), Darrang Mangaldai, the learned Member, Foreigners' Tribunal (3 rd), Darrang Mangaldai in F.T. Case No. F.T.(3) Case No. 3239/2012 by the impugned order/opinion dated 27.04.2022 opined the petitioner to be a foreigner under the Foreigners Act, 1946, who had illegally entered into the territory of India(Assam) on or after 25th March, 1971.
3) Being aggrieved with the said impugned order/opinion dated 27.04.2022, the petitioner has filed this writ petition.
4) Before proceeding further, we propose to examine the concerned record of said F.T Case.
5) Registry shall call for the record of said F.T. Case No. F.T.(3) Case No. 3239/2012 from the office of the learned Foreigners' Tribunal (3 rd) Darrang, Mangaldai.
6) This order be brought to the notice of the Registrar (Judicial).
7) List this matter for motion immediately after receipt of the relevant records.
JUDGE JUDGE Comparing Assistant