Ranjit Choudhury v. The Union of India and 3 Ors

ORDER Date : 03.05.2023 (AM Bujor Barua, J)

Heard Mr. AR Sikdar, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 4 being the authorities under the Union of India and NRC respectively, Mr. G Sarma, learned counsel for the respondents no. 2 and 3 being the authorities under the Home Department of the Government of Assam and Ms. M Dutta, learned counsel for the respondent no. 4 being the Deputy Commissioner, Hojai.

¶2The petitioner Ranjit Choudhury had been referred to the Foreigners' Tribunal No. 7, Nagaon at Lanka for rendering an opinion as to whether he is a person who entered the State of Assam from the specified territory on or after

25.03.1971, resulting in registration of F.T./L/Case No. 255/2015. Initially an order dated 24.02.2016 was passed by the Tribunal declaring the petitioner to be a foreigner. Being aggrieved a review in the form of Misc Case No. 12/2016 was instituted wherein an order dated 08.02.2017 was passed retaining the earlier order and rejecting the review.

¶3Being aggrieved, this writ petition is instituted.

¶4In the writ petition the petitioner relies on the certificate of registration bearing No. 9297/DM/CRO/CRC/ 56 dated 28.12.1956 which was issued in the name of Brajendra Bhusan Choudhury, S/O Late Pradip Choudhury by providing Page No.# 3/4 that he had entered from the specified territory as on the said date. The petitioner also relies on the voters' list of 1993 of village Ranipukhuri in the present Hojai district which contains the name of Shanti Choudhury, W/O Brajendra and that of Brajendra, S/O Pradip respectively at Sl. No. 565 and 567. Sl. No. 566 of the said voters' list contains the name of Ranjit Choudhury, S/O Brajendra. Accordingly, the petitioner claims that he has discharged the burden under Section 9 of the Foreigners' Act, 1946 that he is a citizen of India.

¶5The voters' list of 1993 of village Ranipukhuri clearly indicates that Ranjit is the son of Brajendra who again is the son of Pradip but a further aspect would remain as to whether Brajendra, S/O Pradip of the voters' list of 1993 of Ranipukhuri village and Brajendra Bhusan Choudhury, S/O Late Pradip Choudhury of the certificate of registration dated 28.12.1956 are one and the same person. For the purpose, we remand the matter back to the Tribunal to enable the petitioner to produce any relevant material as may be available to show that Brajendra Bhusan Choudhury of the certificate of registration dated

28.12.1956 and Brajendra, S/O Pradip of the voters' list of 1993 of village Ranipukhuri are one and the same person. The respondents in the Home Department may also make their own verification as regards the aforesaid aspect. Upon doing the needful, the Tribunal to pass a reasoned order.

¶6The petitioner to appear before the Tribunal on 14.06.2023.

¶7If the reasoned order is in favour of the petitioner, the same shall prevail over the opinion dated 24.02.2016 passed in F.T./L/Case No. 255/2015 and if against, consequence under the law is applicable to the petitioner.

¶8Till the reasoned order is passed, no coercive action be taken against the petitioner. Page No.# 4/4

Send back the LCR.

Writ petition stands disposed of in the above terms.

JUDGE JUDGE Comparing Assistant

Page No.# 1/4 GAHC010195482017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2379/2017 RANJIT CHOUDHURY S/O. LT. BRAJENDRA BHUSAN CHOUDHURY, R/O. LANKA TOWN, WARD NO.-8, P.S. LANKA, DIST. HOJAI, ASSAM. VERSUS THE UNION OF INDIA and 3 ORS. REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-01. 2:THE STATE OF ASSAM REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY.-06. 3:THE SUPDT. OF POLICE B HOJAI P.O. and DIST. MORIGAON ASSAM PIN-782105. 4:THE DEPUTY COMMISSIONER HOJAI P.O. and DIST. HOJAI ASSAM PIN-782105 Advocate for the Petitioner : MR.A R SIKDAR Page No.# 2/4 Advocate for the Respondent : GA, ASSAMR-2-4 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN