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2006 Supreme(Gau) 58

BIPLAB KUMAR SHARMA
Jahura Khatun – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: M.U. Mandal, N. Uddin, A. Hussain and A.F.N.U. Mullah, Advs.
For Respondents/Defendant: K. Rahman and P.K. Musahary, Advs.

JUDGMENT

B.K. Sharma, J.

1. Both the petitions based on more or less same set of facts with the same issue involved, were heard analogously and are being disposed of by this common judgment and order.

2. The Petitioners involved in these two writ petitions have been declared as foreigners and illegal migrants to India by the Illegal Migrants (Determination) Tribunal (IMDT), Barpeta consequent upon which the Superintendent of Police, Barpeta has issued orders directing the Petitioners to remove themselves from India within 15 days from the date of service of notice. Being aggrieved by the orders passed by the Tribunal and the consequent notices issued by the Superintendent of Police, Barpeta, the Petitioners have invoked the writ jurisdiction of this Court by filing the writ petitions.

3. In both the writ petitions the basic ground towards assailing the legality and validity of the orders passed by the Tribunal is the same, i.e. non-receipt of any notice from the Tribunal towards passing the orders declaring them to be illegal migrants to India. It is their pleaded case that no notice was served on them in respect of the proceedings before the Tribunal and the impugned judgments and ord






















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