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2006 Supreme(Gau) 27

B.K.SHARMA
Md. Rasul Khan – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates Appeared:
B.K.Bhattacharjee, D.J.Barman, R.Chakraborty

1. The petitioner claiming himself to be a citizen of India and a permanent resident of Village Duara Pathar, Jaipur, in the district of Dibrugarh has invoked the writ jurisdiction of this court making a challenge to the order of expulsion from India dated 12.6.2003 issued by the Superintendent of Police (B), Dibrugarh pursuant to the order dated 27.11.2002 passed by the Foreigners Tribunal, Dibrugarh in Case No. 1498/2001.

2. The primary ground of assailing the aforesaid orders, more particularly the one dated 27.11.2002 passed by the Tribunal is that the order has been passed without any notice to the petitioner. It is the specific case of the petitioner that he was not aware of any proceeding held by the Foreigners Tribunal, Dibrugarh and it was only from the order dated 12.6.2003 issued by the SP, Dibrugarh, he could come to know about the order passed by the Tribunal. Pursuant to the order passed by the Tribunal, the SP, Dibrugarh by his order dated 12.6.2003 directed the petitioner to leave India within a period of 30 days and execute a bond. It was also stated in the order that on failure to execute the bond, he would be liable to be arrested. Further direction was issued to




























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