Sultan Mamud @ Sultan Ali v. The Union of India and 5 Ors

ORDER

01.06.2023 (AM Bujor Barua, J)

Heard Mr. AM Ahmed, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as for the authorities under the NRC, Mr. T Pegu, learned counsel for the authorities under the Election Commission of India, Mr. G Sarma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam as well as the Superintendent of Police (B) Bongaigaon and Mr. NK Das, learned Government Advocate for the Deputy Commissioner, Bongaigaon.

¶2The petitioner, Sultan Mamud @ Sultan Ali, was referred to the Foreigners Tribunal Bongaigaon 2nd Abhyapuri for rendering an opinion as to whether he is a person who had entered the State of Assam on or after 25.03.1971 resulting in the registration of Case No.BNGN/FT/2060/07 arising out of BNGN IMDT Case No.1823/04 wherein an opinion dated 29.07.2019 was rendered declaring the Page No.# 3/5 petitioner to be a person who had entered the State of Assam from the specified territory on or after 25.03.1971.

¶3Being aggrieved this writ petition is instituted.

¶4The petitioner relies upon the voters list of 1966 of village Topkarchar which contains the name of Bahej Ali Akand son of Asar Uddin at Sl.No.36 as well as the voters list of 1970 of village Topkarchar which contains the name of Bahej Akand son of Asar Uddin at Sl.No.42 and that of Abul Hussain son of Bahej Ali at Sl.No.47 where both are shown to be residing in the same House No.12. It is claimed that Bahej Ali is the grandfather of the petitioner and Abul Hussain is the father of the petitioner. To substantiate his claim, reliance is placed on a sale deed of a plot of land at village Topkarchar wherein the purchaser is shown to be Sultan Mamud son of Lt. Abul Hussain of village Tupkachar.

¶5The petitioner also relies upon a Chitha of a surveyed village of a plot of land in village Tupkarchar which contains the information that by an order of the Circle Officer dated 11.11.2017, the land has been mutated in favour of Sultan Ali in place of Abul Hussain.

¶6In view of the above, the matter stands remanded back to the Tribunal to examine the voters list of 1966 and 1970 of village Topkarchar relied upon by the petitioner containing the name of Bahej Ali the grandfather of the petitioner and Abul Hussain the father of the petitioner, whereas the plot referred in the Page No.# 4/5 sale deed and the copy of the chitha which also contains the information that Sultan Mamud is the son of Abul Hussain of village Topkarchar.

¶7The petitioner shall appear before the Tribunal on 07.07.2023.

¶8The respondents in the Home Department, Government of Assam through the Superintendant of Police (B) Bongaigaon may make further verification of the aforesaid materials as indicated above and submit a report before the Tribunal, if so advised.

¶9The Tribunal after examining the evidences and materials shall pass a reasoned order. In the event, the reasoned order is in favour of the petitioner, the same shall prevail over the order dated 29.07.2019 of the Foreigners Tribunal Bongaigaon 2nd Abhyapuri in Case No.BNGN/FT/2060/07 arising out of BNGN IMDT Case No.1823/04 and if it is against the petitioner, consequential action under the law shall follow.

¶10Till the reasoned order is passed, no coercive action be taken against the petitioner.

¶11Writ petition stands disposed of in the above terms.

¶12Send back the LCR.

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JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010279592019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8416/2019o SULTANoMAMUDo@oSULTANoALIo S/OoLT.oABULoHUSSAINo@oABDULoHUSSAIN,oVILL.oTUPKARCHAR,oP.O.o TOPGAON,oP.S.oMERECHAR,oDIST-oBONGAIGAON,oASSAM,oINDIA.oPIN-o 783348. VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI-110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY.-06. 3:THEoDY.oCOMMISSIONER oBONGAIGAON oDIST.-oBONGAIGAON oASSAM oPIN-o783380. 4:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-o110001. 5:THEoSTATEoCOORDINATOR oNATIONALoREGISTERoOFoCITIZENS oASSAM oGHY.-05. 6:THEoSUPDT.oOFoPOLICEo(B) Page No.# 2/5 BONGAIGAON DIST.- BONGAIGAON ASSAM PIN- 783385 Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN