Renu Bala Sutradhar v. Union of India and 5 Ors

PageoNo.#o1/4 GAHC010033352018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1092/2018o RENUoBALAoSUTRADHARo (D/OoLATEoBANOMALIoSUTRADHAR),oR/OoRLY.oQTR.oNO.oT/23/F,oRAILWAYo OLDoCOLONY,oPSoANDoDIST.oBONGAIGAON,oASSAM,oPIN-783380 VERSUSo UNIONoOFoINDIAoANDo5oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oDEPTT.oOFo HOMEoAFFAIRS,oNEWoDELHI 2:STATEoOFoASSAM oREPRESENTEDoBYoSECRETARY oTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoHOMEoAFFAIRS oDISPUR oGUWAHATI-6 3:ELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCOMMISSIONER oNIRBACHANoSADAN oNEWoDELHI 4:STATEoCOORDINATORoOFoNATIONALoREGISTRATIONo(NRC) oASSAM o1SToFLOOR oACHYUToPLAZA oGUWAHATI-SHILLONGoROAD oBHANGAGARH oGUWAHATI oASSAM oPIN-781005 Page No.# 2/4 5:THE SUPERINTENDENT OF POLICE (BORDER) BONGAIGAON PO AND DIST. BONGAIGAON ASSAM PIN-783380 6:THE DEPUTY COMMISSIONER BONGAIGAON ASSAM PO AND DIST. BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : MR. B J MUKHERJEE Advocate for the Respondent : ASSTT.S.G.I.

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA O R D E R

14.06.2024 (M.R. Pathak, J) Heard Ms. R. Saha, learned counsel appearing on behalf of Mr. B.J. Mukherjee, learned counsel for the petitioner and Mr. K.K. Parasar, learned C.G.C appearing for the Union of India respondent No.1. Also heard Mr. G. Sharma, learned Standing Counsel, Home Department, Assam for the respondent Nos.2 & 5; Mr. H. Kuli, learned Standing Counsel, Election Commission of India for the respondent No.3; as well as Mr. H.K. Hazarika, learned Government Advocate, Assam for the respondent No.6.

¶2In a police enquiry being IM(D)T Case No.1756/2004 [during the force of the Illegal Migrants (Determination by Tribunal) Act, 1983], the petitioner was found to be a suspected foreigner of post 25.03.1971 stream. As such, the

Superintendent

of

Police

(Border),

Bongaigaon

vide Page No.# 3/4 No.BNGN/B/IMFT/69/06/1750 dated 30.10.2006, referred the case of the petitioner to the Foreigners' Tribunal, Bongaigaon to determine as to whether the petitioner is a foreigner or not.

¶3Pursuant to the same, the learned Foreigners' Tribunal No.1, Bongaigaon in BNGN/FT/Case No.1063/2007, after hearing the petitioner and other parties and considering the evidence adduced by her, by the impugned findings and opinion dated 27.12.2017, opined the petitioner to be a foreigner of post 25.03.1971 stream under the Foreigners Act, 1946.

¶4Dissatisfied with the same, the petitioner on 19.02.2017, filed this writ petition.

¶5Notice in this case was issued on 28.02.2018 and the records of said BNGN/FT/Case No.1063/2007 was called for from the learned Foreigners' Tribunal No.1, Bongaigaon.

¶6By the order dated 28.02.2018, the petitioner was also granted interim protection and interim bail, which is still in force.

¶7During the deliberation of the matter, Ms. R. Saha, learned counsel appearing on behalf of Mr. B.J. Mukherjee, learned counsel for the petitioner on specific instruction from the family member of the petitioner, apprise the Court that the petitioner Renu Bala Sutradhar, wife of Kokil Sutradhar, daughter of late Banomali Sutradhar, resident of Uday Nagar, Ward No.25, Bongaigaon (MB), Bongaigaon, Assam expired on 30.05.2019.

¶8To that extent, Ms. R. Saha, learned counsel for the petitioner has placed a Xerox copy of the death certificate of said Renu Bala Sutradhar, issued vide Registration No.D-2019-18-90234-000281 dated 17.06.2019, issued on 18.06.2019 by the Registrar (Birth and Death), Joint Director of Health Services, Bongaigaon. Page No.# 4/4

¶9It is seen that after the death of the petitioner Renu Bala Sutradhar on

30.05.2019 till date, none of her legal heirs have preferred any application for substitution of their names in place of said petitioner, now deceased.

¶10Considering the above, on the death of the writ petitioner Renu Bala Sutradhar, this writ petition, being infructuous, stands dismissed.

¶11The interim protection and interim bail granted earlier to the petitioner on 28.02.2018 stands merged with this order.

¶12Registry shall return the records of BNGN/FT/Case No.1063/2007 to the learned Foreigners' Tribunal No.1, Bongaigaon along with a copy of this order as well as the copy of the death certificate of the petitioner Renu Bala Sutradhar, specified above.

¶13The copy of the death certificate of the petitioner Renu Bala Sutradhar issued on 18.06.2019 by the Registrar (Birth and Death), Joint Director of Health Services, Bongaigaon, placed before the Court by Ms. R. Saha, learned counsel on behalf of the petitioner, be kept as a part of the record.

JUDGE JUDGE Comparing Assistant