Abul Khair @ Md. Khair v. The Union of India and 6 Ors

PageoNo.#o1/3 GAHC010238512019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7333/2019o ABULoKHAIRo@oMD.oKHAIRo S/O-oLATEoMOFIZULLAH,oR/O-oVILL-oSABAJPUR,oP.O-oMURAJHAR,oP.S-o MURAJHAR,oDIST-oHOJAI,oASSAM,oPIN-o782439 VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoSECRETARY,oMINoOFoHOMEoAFFAIRS,oGOVToOFoINDIA,oNEWo DELHI 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oDEPTToOFoHOME oDISPUR oGUWAHATI-o781006 3:THEoDEPUTYoCOMMISSIONER oHOJAI oDIST-oHOJAI oASSAM 4:THEoSUPERINTENDENToOFoPOLICEo(B) oHOJAI oDIST-oHOJAI oASSAM 5:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-o110001 6:THEoSTATEoCOORDINATOR oNRC oBHANGAGARH Page No.# 2/3 GUWAHATI-781032 7:THE MEMBER FOREIGNERS TRIBUNAL HOJAI SANKARDEV NAGAR DIST-HOJAI ASSA Advocate for the Petitioner : MR. H R KHAN Advocate for the Respondent : ASSTT.S.G.I.

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MR. JUSTICE SANJAY KUMAR MEDHI 13/02/2024 (M.R. Pathak, J) By an ex-parte order dated 12.03.2007, the learned Member, Foreigners' Tribunal, Hojai, Sankardev Nagar in Case No. FT/H/161/2006 opined the petitioner to be a foreigner under the Foreigners Act, 1946, who had illegally entered into the territory of India (Assam) of post 25.03.1971. The Tribunal passed the said ex-parte order on the ground that the petitioner in spite of receipt of the notice did not appear before the Tribunal and contested the said case and thereby failed to prove his nationality as required under Section 9 of the Foreigners Act, 1946. Dissatisfied with the said ex-parte order dated 12.03.2007, the petitioner filed this writ petition on 24.09.2019. On 05.02.2020, when the matter was taken up for consideration at the motion stage, on the prayer of the learned counsel for the petitioner it was adjourned for 2 (two) weeks. Thereafter, the matter was listed on 02.02.2024 and on the said date, the petitioner remained unrepresented. Accordingly, the Court fixed the matter today (13.02.2024) for motion. Today, when the matter was taken up for consideration in the first half, the petitioner remained unrepresented. As such, we fixed the matter in the 2nd half and in the 2nd half also the Page No.# 3/3 petitioner remained unrepresented though names of three counsels have been reflected in the cause list for the petitioner. This writ petition stands dismissed for non-prosecution.

JUDGE JUDGE Comparing Assistant