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2015 Supreme(Gau) 1059

P.K.SAIKIA, RUMI KUMARI PHUKAN
Ayub Ali (Md. ) – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants :H.R.A. Choudhury, Sr. Advocate and F.U. Borbhuiya, Advocate.
For the Respondents:S.C. Keyal, Asstt. S.G.I. and P.S. Deka, Govt Advocate.

JUDGMENT :

P.K. Saikia, J.

This appeal is directed against the judgment and order dated 26.02.2015, rendered by the learned Single Judge in WP(C) No. 2960/2012 dismissing the writ petition refusing to interfere with the judgment dated 23.02.2012, rendered by the Foreigners Tribunal (1st), Morigaon (in short, "the Tribunal") in FT Case No. 49/2007.

2. We have heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. F. U. Borbhuiya, learned counsel appearing for the appellants and also heard Mr. S.C. Keyal, learned Asstt. S.G.I. appearing for the Union of India as well as Mr. P.S. Deka, learned GA, appearing for the State respondents.

3. The brief facts necessary for disposal of the present appeal are that in 1997 the SP(B) made a reference to the IMDT, Morigaon requesting it to ascertain the citizenship status of the appellant No. 1 and 2 herein who are father and mother respectively of appellant No. 3 and 4. During pendency of the aforesaid case the decision in Sarbananda Sonowla v. Union of India and Ors., reported in (2005) 5 SCC 665 was rendered under which the IMDT Act stood null and void and all the cases pending before the IMDT stood transferred to the respective Foreigner



























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