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Gauhati High Court

Rusna Begum @ Rasna Begum vs The Union Of India And 5 Ors on 25 January, 2021

Author: Manojit Bhuyan

Bench: Manojit Bhuyan, Parthivjyoti Saikia

                                                                    Page No.# 1/3

GAHC010171732020




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : I.A.(Civil)/2074/2020

         RUSNA BEGUM @ RASNA BEGUM
         D/O. ABDUL ALI, W/O. NUR MOHAMMOD, VILL. MODERTOLI MIKIR
         GAON, P.O. MODERTOLI, P.S. DOBOKA, DIST. HOJAI, ASSAM, PIN-782440



         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
         AFFAIRS, NEW DELHI-01.

         2:THE ELECTION COMMISSION OF INDIA

          NIRVACHAN SADAN
          ASOKA ROAD
          NEW DELHI
          PIN-110001.

         3:THE STATE OF ASSAM

          REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          HOME DEPTT.
          DISPUR
          GUWAHATI-781006.

         4:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION (NRC)

          ASSAM 1ST FLOOR
          ACHYUT PLAZA
          GUWAHATI SHILLONG ROAD
          BHANGAGARH
          GUWAHATI
          ASSAM
                                                                                            Page No.# 2/3

              PIN-781005.

             5:THE DY. COMMISSIONER

              HOJAI
              DIST. HOJAI
              ASSAM.

             6:THE SUPDT. OF POLICE (B)

              HOJAI
              DIST. HOJAI
              ASSAM

Advocate for the Petitioner     : MR J C GOGOI

Advocate for the Respondent : ASSTT.S.G.I.




                                     BEFORE
                     HONOURABLE MR. JUSTICE MANOJIT BHUYAN
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                                ORDER

25.01.2021 (Manojit Bhuyan, J) Heard Mr. J.C. Gogoi learned counsel for the applicant as well as Ms. J. Sarma, learned counsel representing opposite party no.1. Ms. N. Upadhyay, learned counsel represents opposite party no.2 whereas Mr. J. Payeng, learned counsel appears for opposite party nos.3, 5 and 6. Ms. L. Devi, learned counsel accepts notice for opposite party no.4.

This is an application seeking extension of time to make appearance before the Superintendent of Police (B), Hojai. It is seen that by order dated 17.12.2019 passed in WP(C) 6693/2019, arising out of F.T.(D) Case No.357/2015 of the Foreigner's Tribunal (10 th), Nagaon at Sankardev Nagar, Hojai, the applicant/writ petitioner was directed to appear before the Superintendent of Police (B), Hojai within 15 (fifteen) days for the purpose of availing the interim protection so granted. It is now stated that for reasons stated in the application, the applicant/writ petitioner could not appear before the said authority within the period specified.

Page No.# 3/3 It is seen that interim protection was granted way back on 17.12.2019, which is more than a year ago. It is also seen from the connected writ petition that the writ petition itself was listed thereafter on 13.03.2020 and, on that day, no submission was made as regards non-appearance of the applicant/writ petitioner before the said authority. This is an application which demonstrates utter negligence on the part of the applicant despite getting an interim protection.

On the above, we find no justification to grant the prayer made in the application and, accordingly, the same stands dismissed, without any order as to cost.

                                    JUDGE                            JUDGE




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