Sapiya Khatun v. The Union of India and 5 Ors

ORDER

22.02.2024

M.R. Pathak, J. No representation on behalf of the petitioner on call. Even on earlier occasions i.e. on 28.02.2020, 27.09.2023 and 12.02.2024 none had appeared on behalf of the petitioner though names of the two learned counsel for the petitioner have been reflected in the cause list.

¶2On being referred by the Superintendent of Police (Border), Nalbari, FT (NAL-2) Case No. 86/2015 was registered before the Foreigners Tribunal, Nalbari at Mukalmua. On receipt of notice of the said FT Case from the Foreigners Tribunal, Nalbari at Mukalmua, the petitioner filed her written statement. In the said FT Case, the petitioner filed a Petition No. 414/2019 to file her additional-Page No.# 3/4 written statement which was rejected by the Tribunal vide order dated

15.05.2019.

¶3Being aggrieved by the said order of rejection dated 15.05.2019, the petitioner filed this writ petition on 04.10.2019. But, since the date of filing, the petitioner remained unrepresented in the matter.

¶4On 12.02.2024, the Court directed the learned Standing Counsel, Home Department, Assam to apprise about the status of the aforesaid FT Case, fixing the matter today.

¶5Mr. Payeng, learned Standing Counsel, Home and Political Department by placing a copy of the final order dated 07.11.2019 passed by the Foreigners Tribunal No. 2, Nalbari in the said FT Case No.86/2015 apprised that the said Tribunal, after considering the evidence adduced by the petitioner and the documents examined by it, by the Final Order dated 07.11.2019, noted above, declared the petitioner to be a foreigner under the Foreigners Act, 1946.

¶6Accordingly and in view of the above, this writ petition stands dismissed for non-prosecution. Page No.# 4/4

¶7A copy of the final order dated 07.11.2019 passed in the FT (Nal-2) Case No. 86/2015 is made a part of the record.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010251132019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7790/2019o SAPIYAoKHATUNo W/O-oMD.oSAFURUDDINoAHMEDo@oSAFURoALI,oD/O-oLToATASHoKHA,oR/O-o VILL-oBHAIRARGHOL,oP.S.oMUKALMUA,oDIST-oNALBARIo(ASSAM),oPIN-o 781126 VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoITSoSECY.oOFoTHEoMINISTRYoOFoHOMEoAFFAIRS,oUNIONoOFoINDIA, NEWoDELHI-1 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONERoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-1 4:THEoSTATEoCO-ORDINATORoOFoNATIONALoREGISTERoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oGHYoSHILLONGoROAD oBHANGAGARH oGHY oASSAM oPIN-o781005 Page No.# 2/4 5:THE DY. COMMISSIONER NALBARI DIST- NALBARI P.O. AND P.S. NALBARI ASSAM PIN- 781335 6:THE SUPERINTENDENT OF POLICE (B) NALBARI DIST- NALBARI P.O. AND P.S. NALBARI ASSAM PIN- 78134 Advocate for the Petitioner : MR. I CHOUDHURY Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI