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2018 Supreme(Gau) 214

UJJAL BHUYAN, NELSON SAILO
X X X – Appellant
Versus
IN RE - NAYAN KHAN, S/O LATE HAMID KHAN – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR.T.J. MAHANTA
For the Respondent: MR H.R.A. CHOUDHURY, SR.ADV.

JUDGMENT :

Ujjal Bhuyan, J.

This order will dispose of WP (C) No.4540 of 2017 and the connected four Suo Moto writ petitions being WP (C)(Suo Moto) Nos. 11, 12, 13 and 14 of 2017.

2. We have heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. B Islam for the petitioner in WP (C) No. 4540 of 2017 and Mr. TJ Mahanta, learned senior counsel for the Gauhati High Court in the connected Suo Moto writ petitions whereas Mr. AI Uddin, learned counsel appears for the respective proceedees (respondent No.1) in the Suo Moto writ petitions. Also heard Mr. J Payeng, learned Special Counsel, FT.

3. We take up WP (C) No.4540 of 2017 first. This writ petition has been filed against the order dated 11.4.2017 passed by the Foreigners’ Tribunal 4th, Nalbari (Ghograpar) in FT Case No.(Gh) 277 of 2015 (State–vs- Md. Piyar Ali) declaring the petitioner Md. Piyar Ali to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.3.1971.

4. Following the aforesaid order passed by the Tribunal on 11.4.2017, petitioner was taken into custody.

5. This Court by order dated 2.8.2017 had issued notice while requisitioning the case record and passed an interim order to the effect th
































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