Asia Khatun and Anr v. Union of India and 6 Ors

ORDER Date : 16.05.2024 (M. R. Pathak, J)

Heard Mr. A. R. Sikdar, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned CGC representing respondent No. 1; Mr. J. Payeng, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2, 3 & 4; Mr. P. Sharma, learned Government Advocate, Assam representing respondent No. 5; as well as Mr. A. I. Ali, Standing Counsel, Election Commission of India representing respondent 6.

2) Chapter X of the Gauhati High Court Rules relates to "Applications for Page No.# 3/4 review of Judgment". Clause 2 of said Chapter X of the Gauhati High Court Rules stipulates that – "every application for review of judgments shall set forth plainly and concisely the ground on which a review is sought, and shall contain a certificate by an advocate of the Court similar, mutatis mutandis, to that prescribed in appeals from appellate decrees".

3) The Gauhati High Court Rules have been framed in exercise of the powers conferred under Article 225 of the Constitution of India read with Article 6 of the Assam High Court Order, 1948 having statutory force. 4) In the present review petition, it is seen that there is no such certificate from the concerned advocate who filed the same except the prayer and the affidavit of the review petitioner No. 2. 5) It is also seen that the authorities in the Registry accepted this said review petition without such certificate of the concerned filing advocate, also submitted its report and further numbered the same, though not in confining with the Gauhati High Court Rules, without placing it as defective pointing it out to the cause(s). 6) In view of above, the Registrar (Judicial) shall enquire into the matter and shall submit the report forthwith. 7) At this stage, Mr. Sikdar, learned counsel for the review petitioners, prays for withdrawal of this review petition with a liberty to file a fresh review petition. 8) We have considered the fact that this review petition has been filed on

08.12.2021 against the judgment and order dated 25.07.2017, passed by a Co-ordinate Bench of this Court in WA No. 265/2010, by which the opinion dated

09.04.2010, passed in FT Case No. 109/2007 and FT Case No. 110/2007 by the Page No.# 4/4 learned Foreigners Tribunal, Nagaon as well as the order of the learned Single Judge passed in WP(C) No. 3369/2010, decided on 02.07.2010, preferred by the present petitioners, were upheld. 9) Since this review petition was filed without the certificate of the learned filing advocate, leave to that extent has been granted but without granting any leave pertaining to the delay in filing the review petition against the said order dated 25.07.2017 passed in WA No. 265/2010, noted above. 10) With the above observation, this review petition, on withdrawal, being infructuous, stands dismissed.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010212172021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./112/2021o ASIAoKHATUNoANDoANR.o W/O-oABDULoAZITo@oABDULoAZIZ,oR/O-oWARDoNO.o12,oHEDAYEToNAGAR,o NAGAONoTOWN,oP.S.oANDoDIST.-oNAGAON,oASSAM 2:oABDULoAZITo@oABDULoAZIZ oS/O-oABDULoRASHID oR/O-oWARDoNO.o12 oHEDAYEToNAGAR oNAGAONoTOWN oP.S.oANDoDIST.-oNAGAON oASSAo VERSUSo UNIONoOFoINDIAoANDo6oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOF INDIA,oSHASTRIoBHAWAN,oTILAKoMARG,oNEWoDELHI-1. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoSUPERINTENDENToOFoPOLICE oNAGAON oP.O. oP.S.oANDoDIST.oNAGAON oASSAM oPIN-o782001. 4:THEoOFFICER-IN-CHARGE oNAGAONoPOLICEoSTATION oP.O.oANDoDIST.-oNAGAON Page No.# 2/4 ASSAM PIN- 782001. 5:THE D.C. NAGAON P.O. AND DIST- NAGAON ASSAM PIN- 782001. 6:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1. 7:THE ASSAM STATE COORDINATOR OF NRC BHANGAGARH GUWAHATI-5 Advocate for the Petitioner : MR. A R SIKDAR Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MRS. JUSTICE MITALI THAKURIA