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2015 Supreme(Gau) 835

B.K.SHARMA
Michiri Khatun @ Michiran Khatun @ Michiran Nessa – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. M. Ahmed. Adv.
For the Respondents: Ms. G. Sarma, for UOI, Mr. Noor Mohammad, GA, Assam, Mr. D. Baruah, SC, EC.

JUDGEMENT :

1. In terms of the earlier orders passed, the Government of Assam in the Home and Political Department has filed an affidavit through its Joint Secretary, Political Department.

2. The petitioner was declared to be a foreigner way back in 1995 (20/02/1995) by the Foreigners Tribunal, Barpeta in FT Case No. 21/93(B) (State Vs. Michiran @ Michiran Nessa). She was declared to be a foreigner within the stream of 01-01-1966 to 25-03-1971 requiring her name to be registered with consequential deletion of her name from the voter list.

3. The writ petition was filed on 22/09/2014 after a delay of 19 (nineteen) years. Taking up the writ petition for consideration, the State respondents were directed to apprise the Court as to what action it had initiated pursuant to the impugned declaration made by the Foreigners Tribunal. It was noticed that insptie of the said declaration, the name of the petitioner was incorporated in the voter list of 1997 violating the provisions of the Citizenship Act. It was also recorded in the order that because of such approach on the part of the State Government, the concerned officers are liable for appropriate action.

4. In the affidavit filed by the


















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