Lalita Arjya @ Khuki Bala Arjya v. The Union of India and 6 Ors

PageoNo.#o1/4 GAHC010028862018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/946/2018o LALITAoARJYAo@oKHUKIoBALAoARJYAo W/OoLT.oMANINDRAoARJYAo@oMANINDRAoCHANDRAoARJYAo R/OoVILL-oJAKHILIBILoPATHARo(UTTARoATHIYABARI)o P.S.oGOBARDHANAo DIST.oBAKSA,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoHOMEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,o GOVT.oOFoINDIA,o NORTHoBLOCK,o oCENTRALoSECRETARIAT,o NEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM o HOMEoDEPARTMENT oASSAMoSECRETARIAT o DISPUR oGUWAHATIo-o781006. 3:THEoADDL.oDIRECTORoGENERALoOFoPOLICEo(BORDER) oASSAM oASSAMoPOLICEoBORDERoORGANISATIONo SRIMANTAPUR o oGUWAHATIo-o781032 4:THEoDEPUTYoCOMMISSIONER Page No.# 2/4 BARPETA DISTRICT

P.O. P.S. AND DIST. BARPETA ASSAM PIN - 781301. 5:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA ASSAM POLICE BORDER ORGANISATION BARPETA P.O. AND P.S. BARPETA

DIST. BARPETA ASSAM - 781301 6:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM DISPUR GUWAHATI - 781006. 7:THE ELECTION COMMISSION OF INDIA NEW DELHI PIN - 110001 Advocate for the Petitioner : MR. A GOYAL Advocate for the Respondent : ASSTT.S.G.I.

BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE NELSON SAILO O R D E R

13.06.2023 (A.M. Bujor Barua, J)

Heard Mr. A Goyal, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of respondents in the Union of India as Page No.# 3/4 well as for the authorities in the NRC, Ms. A Verma, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the Election Commission of India and Mr. NK Das, learned counsel for the Deputy Commissioner, Barpeta.

¶2The petitioner Lalita Arjya @ Khuki Bala Arjya had been referred to the Foreigners Tribunal No. 9, Barpeta for rendering an opinion as to whether she is a foreigner within the meaning of foreigner under the Foreigners Act, 1946, resulting in registration of FT Case No. 64/2017, wherein an opinion dated

10.01.2018 was rendered declaring the petitioner to be a foreigner. Being aggrieved, this writ petition is instituted.

¶3At the outset, it is stated that the proceeding as well as the notices were issued in the name of Lalita Arjya wife of Manindra Arjya of village Athiyabari. The petitioner upon receiving notice, entered appearance before the Tribunal and took the stand that she is actually Khuki Bala Arjya, wife of Manindra Arjya and that Lalita Arjya and Khuki Bala Arjya are in fact the same person. To prove her citizenship, the petitioner relies on the voters list of 1966 of village Pachim Balikuri (Nonke) under Baghbar police station in the Kamrup district, which contains the name of Khukibala Arjya wife of Manindra at serial No. 71 and that of Manindra Arjya son of jaldhar at serial No. 70. It is claimed that Khuki Bala Arjya of the 1966 voters list is the petitioner herself.

¶4An issue is raised as to whether Khuki Bala Arjya and Lalita Arjya of village Athiyabari are one and the same person, and if yes, whether she is Khuki Bala Arjya of village Pachim Balikuri (Nonke) of the 1966 voters list inasmuch as, the present address would be that of Athiyabari.

¶5In view of the above, we direct the petitioner to appear before the Page No.# 4/4 Tribunal, render appropriate evidence to firstly show that Lalita Arjya and Khuki Bala Arjya both wife of Manindra Arjya are one and the same person and secondly, Khuki Bala Arjya of village Pachim Balikuri (Nonke) of the 1966 voters list and the proceedee petitioner Lalita Arjya of village Athiyabari are one and the same person i.e. whether Khuki Bala Arjya of village Pachim Balikuri (Nonke) had later on moved to village Athiyabari, so that notices were served upon Lalita Arjya or Khuki Bala Arjya of village Athiyabari. The petitioner to specifically prove the stand she has taken in paragraph 9 of her evidence in affidavit. The respondents in the Home Department, Government of Assam shall also make their own verification as required by law. Upon doing the needful, the Tribunal shall pass a reasoned order thereon.

¶6If the reasoned order is in favour of the petitioner, the same shall prevail over the earlier opinion dated 10.01.2018 and if it goes against the petitioner, consequence as per law shall follow.

¶7The petitioners shall appear before the concerned Foreigners Tribunal on

17.07.2023. Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶8The writ petition is allowed as indicated above.

¶9Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant