Md. Mantaz Ali @ Momtaz Ali v. The Union of India and 3 Ors

ORDER

18.11.2024 (K.R. Surana, J.) Heard Mr. B. Dutta, learned counsel for the applicant. Also heard Mr. B. Deka, learned CGC appearing for the respondent No.1; Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal appearing for the respondent Nos. 2 and 4; and Mr. P. Sarmah, learned Government advocate appearing for the respondent No.3.

¶2By filing this interlocutory application, the applicant is seeking extension of time to appear before the Superintendent of Police (Border), Morigaon in terms of order dated 10.08.2022 passed in WP(C) 5130/2022.

¶3The learned Standing Counsel for the FT matters has opposed the prayer made in this application on the ground that the delay is not properly explained.

¶4Although the fault lies with the applicant for not appearing before the Superintendent of Police (Border), Morigaon within the time allowed, nonetheless, the Court is reluctantly inclined to allow this application by extending 10 (ten) days time from the date of the order for the applicant to appear before the Superintendent of Police (Border), Morigaon.

¶5On such appearance, the Superintendent of Police (Border), Morigaon shall do the needful in terms of order dated 10.08.2022 passed in WP(C) 5130/22. Page No.# 4/4

¶6It is further provided that in the event the applicant does not appear before the said authority within 10 (ten) days time as extended, this order shall stand lapsed and revoked after 1 (one) week and it would be open to the concerned authorities to take the applicant into custody.

¶7In the meanwhile, the applicant shall deposit a sum of Rs. 1000/- (One thousand rupees only) before the District Legal Service Authority, Morigaon as cost for delay in compliance of the order of the Court dated

10.08.2022, passed in WP(C) 5130/2022, which shall be a condition precedent for the extension of time and the applicant shall produce a receipt of acknowledgment of such cost to the Superintendent of Police (Border), Morigaon, along with a certified copy of this order.

¶8In terms of the above, this interlocutory application stands allowed and disposed of.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010226492024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3377/2024o MD.oMANTAZoALIo@oMOMTAZoALIo S/O-oLATEoMONSURoALI,o RESIDENToOFoVILLAGE-oKHOLOPIA,o P.S.-MIKIRBHETA,oDISTRICT-oMORIGAON,o ASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,oJAISALMERoHOUSE,o26,oMANSINGHoROAD,o NEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoITSoSECRETARY oDEPARTMENToOFoHOME oDISPUR oGUWAHATI-o781006. 3:THEoSUPERINTENDENToOFoPOLICEo(BORDER) oMORIGAON oDISTRICT-oMORIGAON oASSAM oPIN-o782105. 4:THEoELECTIONoOFFICER oMORIGAON oDISTRICT-oMORIGAON oASSAM oPIN-o782105o AdvocateoforotheoPetitionerooooo:oMR.oUoDUTTA,oMR.oB.oKUMAR,BoDUTTAo Page No.# 2/4 Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, ECI,SC, NRC Linked Case : WP(C)/5130/2022 MD. MANTAZ ALI @ MOMTAZ ALI S/O- LATE MONSUR ALI RESIDENT OF VILLAGE- KHOLOPIA P.S.-MIKIRBHETA DISTRICT- MORIGAON ASSAM. VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS JAISALMER HOUSE MANSINGH ROAD NEW DELHI- 110001. 2:THE STATE OF ASSAM REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME DISPUR GUWAHATI- 781006. 3:THE SUPERINTENDENT OF POLICE (BORDER) MORIGAON DISTRICT- MORIGAON ASSAM PIN- 782105. 4:THE ELECTION OFFICER MORIGAON DISTRICT- MORIGAON ASSAM PIN- 782105. ------------ Page No.# 3/4 Advocate for : MR. U DUTTA Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE MANISH CHOUDHURY