Ratan Ray @ Rai v. Union of India and 5 Ors

ORDER Date : 05.06.2023 (A.M. Bujor Barua, J)

Heard Mr. P.C. Dey, learned counsel for the petitioner. Also heard Ms. L. Devi, learned CGC appearing on behalf of respondents in the Union of India as 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, Ms. U. Das, learned counsel for the Deputy Commissioner, Nagaon and Mr. A.I. Ali, learned counsel for the Election Commission of India.

¶2A notice had been issued by the Foreigners Tribunal No. 2, Nagaon in FT Case No. 374/2008 to Ratan Ray son of Padanaya Ray of village Borpani Colony, but the notice had been served on the petitioner proceedee Ratan Ray son of Labanya Ray of the same village Borpani Colony.

¶3In the written statement, the petitioner had brought it to the notice of the Tribunal that although the notice was issued to Ratan Ray son of Padanaya Ray of village Borpani Colony, but it was served to the petitioner proceedee Ratan Page No.# 3/3 Ray son of Labanya Ray of village Borpani Colony. The Tribunal ignored the said stand taken by the petitioner proceedee and proceeded against the petitioner Ratan Ray son of Labanya Ray resulting in the order dated 20.11.2017 by which Ratan Ray son of Labanya Ray had been declared to be a foreigner.

¶4This issue of a notice being issued to one person and it being served on another person and the proceeding being continued against the other person has been decided by this Court in its judgment and order dated 11.04.2023 in WP(C) No. 914/2017, wherein it had been held that such a proceeding would be vitiated.

¶5Accordingly, the order dated 20.11.2017 in FT Case No. 374/2008 in respect of Ratan Ray son of Labanya Ray of village Borpani Colony in the Nagaon district is set aside. However, it is provided that if the respondents are of the view that the proceeding is to be initiated against Ratan Ray son of Labanya Ray of village Borpani Colony of Nagaon district, liberty remains to do so by issuing appropriate notice and serving it to him. On the other hand, if the respondents are of the view that Ratan Ray son of Padanaya Ray of village Borpani Colony is also to be proceeded, liberty remains to proceed against him by following the due procedure of law.

¶6The writ petition is allowed as indicated above

J U D G E Comparing Assistant

PageoNo.#o1/3 GAHC010111972023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3078/2023o RATANoRAYo@oRAIo SONoOFoLATEoLABANYAoRAY,o R/O-oVILLAGE-oBORPANI,oDAKHINoJHARoBAGAN,o P.O.-oBORPANI,o P.S.-oKACHUA,o DIST.-oNAGAON,oASSAM. VERSUSo UNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,o DEPARTMENToOFoHOME,oNEWoDELHI. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM o HOMEoDEPARTMENT oDISPUR o GUWAHATI-6. 3:THEoSUPERINTENDENToOFoPOLICEo(B) oDISTRICToNAGAON oASSAM oPIN-o782001. 4:THEoDEPUTYoCOMMISSIONER oDISTRICT-oNAGAON oASSAM oPIN-o782001. 5:THEoELECTIONoCOMMISSIONERoOFoINDIA Page No.# 2/3 NEW DELHI PIN- 110001. 6:THE STATE CO-ORDINATOR NRC ACHYUT PLAZA BHANGAGARH GUWAHATI-05 Advocate for the Petitioner : MR P C DEY Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE NELSON SAILO