Gauhati High Court
Padmalal Sharma (Adhikari ) @ Padma ... vs The Union Of India And 5 Ors on 13 February, 2019
Bench: Achintya Malla Bujor Barua, Ajit Borthakur
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GAHC010009022019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 283/2019
1:PADMALAL SHARMA (ADHIKARI ) @ PADMA PRASAD SHARMA
S/O LATE HIRALAL SHARMA (ADHIKARI)
R/O SOCIETY GAON, P.O. SILAPATHAR,
DIST. DHEMAJI, ASSAM, PIN - 787059.
VERSUS
1:THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA,
MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110001.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY
GOVT. OF ASSAM
HOME AND POLITICAL DEPT. DISPUR
GUWAHATI
PIN - 781006.
3:THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 110001.
4:THE OFFICER OF THE STATE COORDINATOR OF NATIONAL REGISTRAR
OF CITIZENSHIP (NRC)
ASSAM
GUWAHATI
PIN - 781005.
5:THE DEPUTY COMMISSIONER
DHEMAJI
P.O. AND P.S. DHEMAJI
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ASSAM
PIN -787057.
6:THE SUPERINTENDENT OF POLICE (BORDER)
DHEMAJI
DIST. DHEMAJI
ASSAM
PIN - 787057
Advocate for the Petitioner : MR. B CHETRI
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 13-02-2019 AM Bujor Barua, J Heard Mr. B Chetri, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. A Kalita, learned counsel for the State of Assam appearing for the Foreigners Tribunal and Border Areas, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.
Issue notice, returnable by six weeks.
Extra copies of the writ petition be served on the learned counsel for the respondents as indicated hereinabove within 3(three) days.
Call for the records of F.T. (D) Case No.2 nd Dhemaji 195/2016 from the Foreigners Tribunal 2 nd Dhemaji.
In the meantime, the petitioner shall not be arrested nor be deported.
The petitioner shall submit a surety bond before the Superintendent of Police (Border), Dhemaji from two prominent persons from his village or from a Government Official ensuring continuous presence of the petitioner as and when required by the authorities to the satisfaction of the Page No.# 3/3 Superintendent of Police (Border), Dhemaji.
List after six weeks.
JUDGE JUDGE Comparing Assistant