Rupbhanu Nessa v. The Union of India and 7 Ors

ORDER Date : 27.04.2023 (AM Bujor Barua, J)

Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Ms. J Sarmah, learned counsel for the respondent no. 1 being the authorities under Page No.# 3/4 the Union of India, Mr. G Sarma, learned counsel for the respondents no. 2, 5, 7 and 8 being the authorities under the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the respondent no. 3 being the authorities under the Election Commission of India, Ms. L Devi, learned counsel for the respondent no. 4 being the authorities under the NRC and Mr. NK Das, learned counsel for the respondent no. 6 being the Deputy Commissioner, Barpeta.

¶2The petitioner Rupbhanu Nessa had been referred to the Foreigners' Tribunal No. III, Barpeta for rendering an opinion as to whether she is a person who entered the State of Assam from the specified territory on or after

25.03.1971, resulting in registration of FT Case No. 2665 (III) of 2016 with reference to IMDT Case No. 1228/97. An opinion dated 21.02.2018 was rendered by the Tribunal declaring the petitioner to be a foreigner.

¶3Being aggrieved this writ petition is instituted.

¶4In the writ petition the petitioner refers to the voters' list of 1965 of village Jashodar Pam which is available at page-64 of the records wherein the name of Nizamuddin Miya, S/O Nur Box appears at Sl. No. 149 and Jalaluddin Miya, S/O Nizamuddin at Sl. No. 151 and that of Aimon Nessa, W/O Jalaluddin at Sl. No.

¶154It is stated that Nizamuddin Miya is the grandfather of the petitioner and Jalaluddin Miya is her father.

¶5To establish that Jalaluddin Miya is the father of the petitioner, reference is made to the copy of the jamanbadi in respect of a plot of land at village Jashodar Pam available at page-86 of the records, which contains the name of Rupbhanu Nessa daughter of Jalaluddin to have been mutated in respect of the land in place of Jalaluddin, S/O Nizamuddin.

¶6The voters' list of 1965 of village Jashodar Pam established that Jalaluddin Page No.# 4/4 Miya is a citizen of India and the jamabandi in respect of a plot of land in the same village where the petitioner Rupbhanu Nessa had been mutated in respect of the said land in place of Jalaluddin Miya also establishes that she is the daughter of Jalaluddin Miya. Accordingly, the petitioner had discharged the burden under Section 9 of the Foreigners' Act, 1946 that she is the citizen of India. Accordingly, the petitioner is declared to be a citizen of India and shall be entitled to all such rights and liberties as may be entitled as a citizen.

Send back the LCR.

Writ petition stands allowed as indicated above.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010168882020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/140/2021o RUPBHANUoNESSAo W/O-oNASUoMIA,oD/O-oLT.oJALALoUDDIN,oR/O-oVILL-oJASHODARoPAM,oP.S.o SARTHEBARI,oDIST.-oBARPETA,oASSAM,oPIN-o781307 VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REP.oBYoTHEoSECY.,oMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,o SHASTRIoBHAWAN,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-06 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.ROAD oBHANGAGARH oGHY oASSAM oPIN-o781005 Page No.# 2/4 5:THE FOREIGNERS TRIBUNAL-III BARPETA ASSAM DIST.- BARPETA ASSAM PIN- 781301 6:THE DY. COMMISSIONER BARPETA P.O. AND P.S. BARPETA DIST.- BARPETA ASSAM PIN- 781301 7:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND P.S. BARPETA DIST.- BARPETA ASSAM PIN- 781301 8:THE OFFICER-IN-CHARGE OF SARTHEBARI P.S. P.O. SARTHEBARI DIST.- BARPETA ASSAM PIN- 78130 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN