Ananda Das Alias Ananda Chandra Das v. Union of India and 6 Ors

ORDER 12-10-2023 Heard Ms. R. Saha, learned counsel for the petitioner and Ms. L. Devi, learned Central Government Counsel for the respondent No.1 as well as Standing Counsel, NRC for the respondent No.4. Also heard Mr. J. Payeng, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2, 5 and 6; Mr. A. I. Ali, learned Standing Counsel Election Commission of India for the respondent No. 3 as well as Mr. P. Sarma, learned Additional Senior Government Advocate, Assam for the respondent No.7. 2) On being referred by the Superintendent of Police (Border), Bongaigaon, after hearing the learned counsels for the parties and other concerned parties, the learned Member, Foreigners' Tribunal No.1, Bongaigaon in BNGN/FT/913/10 (REF. IM(D) Case No.439/02), the learned Member by order dated 27.12.2019 opined the petitioner to be a foreigner under the Foreigners Act, 1946 belonging to the period from 01.01.1966 to 24.03.1971 stream i.e., pre 1971 stream and accordingly, the learned Tribunal directed the petitioner to register his name in accordance with Rule 19 of the Citizenship Rule, 2009 before the Foreigners Registration Page No.# 3/4 Registering Authority (FRRA), Bongaigaon. 3) The petitioner accordingly, on receipt of the certified copy of the impugned opinion dated 27.12.2019 submitted his application for registration of his name under the provisions of Section 6A of the Citizenship Act, 1955, as amended as well as Rule 19 of the Citizenship Rule, 2009 (as amended). 4) Accordingly, the application of the petitioner for registration of his name was registered at Bongaigaon on 06.02.2020 issued by the FRRO, Bongaigaon (Annexure-7 to this writ petition). However, the petitioner in this writ petition filed on 28.02.2020 challenged the impugned order dated 27.12.2019 passed by the learned Member, Foreigners' Tribunal No.1, Bongaigaon, noted above. 5) During the deliberation of the matter, Ms. Saha, learned counsel on instruction of the petitioner, submitted that the petitioner is not willing to press this writ petition, as he had already applied for registration of his name under the Citizenship Act, 1955. 6) However, Ms. Saha, learned counsel submitted that as the petitioner has already filed his application for registration of his name before the concerned FRRO at Bongaigaon on

06.02.2020, he should be provided with all the benefits as specified under Section 6A of the Citizenship Act, 1955, noted above. 7) Considering the above, this writ petition being not pressed, stands dismissed. 8) As the petitioner, pursuant to the opinion dated 27.12.2019, passed by the learned Member, Foreigners' Tribunal No.1, Bongaigaon in BNGN/FT/913/10 (REF. IM(D) Case No.439/02) has already registered his name before the FRRO, Bongaigaon on 06.02.2020, needless to say that he shall be entitled to the benefits of the provisions of Section 6A of said Citizenship Act, 1955, as amended, on being registered as a foreigner of the stream from

01.01.1966 to 24.03.1971 i.e., pre 1971 stream.

JUDGE JUDGE Page No.# 4/4 Comparing Assistant

PageoNo.#o1/4 GAHC010051212020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1653/2020o ANANDAoDASoALIASoANANDAoCHANDRAoDASo S/OoLATEoRAMoMOHANoDASoALIASoRAMLALoDAS,oR/OoVILL-NAGARJHAR,o P.S.-MANIKPUR,oDIST-BONGAIGAON,oASSAM,oPIN-783380 VERSUSo UNIONoOFoINDIAoANDo6oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oDEPTT.oOFo HOMEoAFFAIRS,oNEWoDELHI 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoHOMEoAFFAIRS oDISPUR oGUWAHATI-6 3:ELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCOMMISSIONER oNIRBACHANoSADAN oNEWoDELHI 4:STATEoCOORDINATORoOFoNATIONALoREGISTRATIONo(NRC) oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.oROAD oBHANGAGARH oGUWAHATI oASSAM-781005 5:THEoMEMBER oFOREIGNERSoTRIBUNALoNO.o1 oBONGAIGAON oDIST-BONGAIGAON Page No.# 2/4 ASSAM 6:THE SUOERINTENDENT OF POLICE (BORDER) BONGAIGAON DIST-BONGAIGAON ASSAM 7:THE DEPUTY COMMISSIONER BONGAIGAON ASSAM DIST-BONGAIGAON ASSA 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 PARTHIVJYOTI SAIKIA