Smt. Kabita Ghose @ Kabita Das v. The Union of India and 7 Ors

ORDER

04.03.2024. Heard Shri A Paul, learned counsel for the petitioner. Also heard Shri G Bokolial, learned State Counsel, Assam as well as Shri K Gogoi, learned CGC.

¶2Considering the fact and circumstances and the instructions received which were kept in a sealed cover and is opened today in Court, the present writ Page No.# 3/4 petition is taken up for disposal at the admission stage.

¶3The projected case is that the petitioner is in receipt of a notice from the Foreigners Tribunal, 1st, Tezpur in connection with FT (D) Case No. 5022/2012. The said proceeding is contested by the petitioner by filing written statement as well as evidence-on-affidavit. In connection with the said defence, the petitioner had applied for a certified copy of a document relating to the registration of citizenship in favour of one Late Jogendra Das who was the projected grand-father of the petitioner.

¶4Since the said copy was not furnished, the instant writ petition has been filed.

¶5During the course of hearing, written instructions were placed before this Court on 31.08.2022 which were directed to be kept in a sealed cover.

¶6The aforesaid instructions have been perused and it appears therefrom that due to lack of cooperation from the petitioner, the certificate in question could not be traced out for a long time in spite of best efforts. However, after a thorough search, the certificate has been able to be located. In fact, along with the written instructions dated 10.08.2022, a copy of the Certificate of Registration has also been annexed.

¶7In view of the above, this Court is of the opinion that there is no requirement to further prolong the present writ petition.

¶8Accordingly, the writ petition is disposed of by directing the petitioner to Page No.# 4/4 approach the appropriate authority/ establishment, namely, the office of the Deputy Commissioner, Darrang with a fresh application and on such approach, the certified copy of the Certificate of Registration which has been placed before this Court may be furnished to the petitioner or her representative. This Court, however, makes it clear that the contents of the said certificate would be examined by the appropriate authority conducting the FT (D) Case No.5022/2012 on its own merits.

¶9Since this Court has been informed that the proceeding before the Tribunal has been stayed by this Court vide order dated 20.06.2022, the petitioner is directed to appear before the concerned Foreigners Tribunal within a period of 10 days after obtaining a certified copy of this order with her evidence-on-affidavit which may be accepted and the proceeding be carried on in accordance with law.

¶10The interim order accordingly stands merged with the final order.

¶11The written instructions dated 10.08.2022 along with the connected document is made a part of the records.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010118672022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4073/2022o SMT.oKABITAoGHOSEo@oKABITAoDASo WIFEoOFoSRIoAJIToGHOSE,oDAUGHTERoOFoSRIoMANINDRAoDAS,oRESIDENTo OFoVILLAGEoCHATAIoCHAPORI,oP.S.oTEZPUR,oDISTRICT-oSONITPUR,o ASSAM,oPIN-o784105. VERSUSo THEoUNIONoOFoINDIAoANDo7oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI-110001. 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSIONoOFoINDIA oNIRVACHANoBHAWAN oASHOKAoROAD oNEWoDELHI-o110001. 3:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-o781006. 4:THEoNATIONALoREGISTERoOFoCITIZENS oREPRESENTEDoBYoTHEoSTATEoCOORDINATOR oACHYUToPLAZA oBHANGAGARH oGUWAHATI-o781005 oDISTRICT-oKAMRUP(M) oASSAM. Page No.# 2/4 5:THE DEPUTY COMMISSIONER TEZPUR DISTRICT- SONITPUR ASSAM PIN- 784001. 6:THE MEMBER FOREIGNERS TRIBUNAL 1ST TEZPUR DISTRICT- SONITPUR ASSAM PIN- 784001. 7:THE SUPERINTENDENT OF POLICE (B) SONITPUR P.O. AND P.S.- TEZPUR DISTRICT- SONITPUR ASSAM PIN- 784001. 8:THE DEPUTY COMMISSIONER DARRANG DISTRICT- DARRANG ASSAM PIN- 784125 Advocate for the Petitioner : MR. A PAUL Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI