Musstt Kad Bhanu @ Kadbhanu Begum v. The Union of India and 6 Ors

ORDER 26-02-2024 (M.R.Pathak, J) Heard Mr. J A Ahmed, learned counsel for the petitioner 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. 2. Also heard Ms. A Verma, learned Standing counsel, Home Department, Assam for the respondent Nos. 3, 4 & 7 as well as Mr. R Talukdar, learned Government Advocate, Assam for the respondent No. 6. Being aggrieved with the impugned judgment/opinion dated 29.11.2023 passed by the learned Member, Foreigners' Tribunal (1st), Mangaldai, Darrang, Assam in F.T. Case No. 6922/11, whereby she has been declared to be a foreigner/illegal migrant under the Foreigners Act, 1946, who had illegally entered into the territory of India (Assam) on or after 25.03.1971, the petitioner has filed this writ petition on 17.02.2024. On instruction of the petitioner, Mr. J A Ahmed, learned counsel appearing for her has prayed Page No.# 3/3 for withdrawal of this writ petition, seeking liberty to file afresh as and when fresh cause of action arises, to which Ms. A Verma, learned Standing counsel, Home Department, Assam; Mr. H Kuli, learned counsel appearing on behalf of Mr. A I Ali, learned Standing counsel, Election Commission of India and Mr. R Talukdar, learned Government Advocate, Assam have no objection. Prayer is allowed. Accordingly, this writ petition stands dismissed on withdrawal. Liberty as prayed for so granted.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010033802024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/981/2024o MUSSTToKADoBHANUo@oKADBHANUoBEGUMo W/O-oMAINUDDIN,oR/O-oVILLAGE-oFUHURATALIoP.O.oPIN-o783101,oP.S.o SIPAJHAR,oDIST.-oDARRANG,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoHOMEoAFFAIRS,oNEWoDELHI,o110001 2:THEoCHIEFoELECTIONoCOMMISSIONER oELECTIONoCOMMISSIONoOFoINDIA oASHOKAoROAD oNEWoDELHI-o110001 3:THEoSTATEoOFoASSAM oREPRESENTEDoBYoITSoSECRETARY oGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 4:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-o781007 5:THEoSTATEoCOORDINATOR oOFFICEoOFoTHEoSTATEoCOORDINATORoOFoNATIONALoREGISTERoOFo CITIZENSo(NRC) oASSAM o1SToFLOOR Page No.# 2/3 ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI- 781005 6:THE DEPUTY COMMISSIONER DARRANG DIST.- DARRANG ASSAM 7:THE SUPERINTENDENT OF POLICE (BORDER) DARRANG DIST.- DARRANG ASSA Advocate for the Petitioner : MR. A S TAPADER Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI