Badsa Ali @ Munash Ali v. The Union of India and 5 Ors

PageoNo.#o1/3 GAHC010299922019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/9427/2019o BADSAoALIo@oMUNASHoALIo S/O-oLT.oNOWSADoALI,oPERMANENToR/O-oVILL-oBAGHPORI,oP.S.o MANGALDAI,oDIST.-oDARRANGo(ASSAM) VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oSHASTRIoBHAWAN,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 3:THEoDY.oCOMMISSIONER oDARRANG oMANGALDAI oPIN-o784125 4:THEoSUPERINTENDENToOFoPOLICEo(B) oSIBSAGAR oPIN-o785640 5:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-o110001 6:THEoSTATEoCOORDINATOR oNATIONALoREGISTRARoOFoCITIZENSo(NRC) oASSAM oPIN-o78100o Page No.# 2/3 Advocate for the Petitioner : MR. A ALAMGEER Advocate for the Respondent : ASSTT.S.G.I.

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MR. JUSTICE SANJAY KUMAR MEDHI 12/02/2024 (Sanjay Kumar Medhi, J) Heard Shri A H M R Choudhury, learned counsel for the petitioner and Shri G Sarma, learned Standing counsel, Home Department, Assam for the respondent Nos. 2 & 4. At the outset, Shri Choudhury, learned counsel for the petitioner submits that the records have been taken back by the client. He further submits that in fact the writ petition itself has been disposed of vide order dated 01.03.2021, which, however, is in the records of I.A. (Civil) No. 407/2021, which was also disposed of along with the said writ petition. We have perused the aforesaid order dated 01.03.2021. The said order clearly reflects that it is a final order by which the impugned opinion dated 25.09.2019 passed by the learned Foreigners' Tribunal, Jorhat in F.T. Case No. FT/SVR/2442/2007 was set aside and the petitioner was directed to appear before the Tribunal. We are also of the view that since the order has been put in the records of the I.A. (Civil) No. 407/2021, perhaps it is for this reason, this writ petition has again been listed which otherwise has been disposed of along with the I.A. At this stage, Shri G Sarma, learned Standing counsel, Home Department, Assam has placed on record the written communication dated 01.02.2024 received by him from the learned Tribunal. Page No.# 3/3 On perusal of the same and on consideration of the facts and circumstances, we are of the opinion that no further orders are required to be passed in the writ petition and the same accordingly stands closed in terms of the order dated 01.03.2021. The learned Tribunal would act in accordance with law and shall dispose of the proceedings expeditiously as provided under the Foreigners Act, 1946 and the Foreigners (Tribunals) Order 1964.

JUDGE JUDGE Comparing Assistant