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2018 Supreme(Gau) 1011

MANOJIT BHUYAN, PRASANTA KUMAR DEKA
Rafiqul Islam – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
A.R. Sikdar, Adv.

JUDGMENT :

Prasanta Kumar Deka, J.

Heard Mr. AR Sikdar, learned counsel for the petitioner as well as Ms. P Baruah, learned counsel for the respondent No. 1. Also heard Mr. UK Nair, learned Senior Counsel assisted by Mr. A Kalita, learned counsel for the respondents No. 2 to 4.

2. Order dated 21.06.2016 is under challenge in this writ petition by the petitioner which was passed by the learned Member, Foreigners' Tribunal No. 4, Kamrup (R) in HFT Case No. 233/2015 (new) arising out of IMDT Enquiry No. 763/2003. The Superintendent of Police (Border), Kamrup vide IMDT Enquiry No. 763/2003 referred for the opinion against the petitioner as to whether the petitioner is an illegal migrant or not. Subsequently, it was transferred to the present tribunal and the same was registered as HFT Case No. 233/2015 (new) in the said tribunal. On receipt of notice, the petitioner entered appearance and filed his written statement along with various documents. In order to prove that the petitioner is not an illegal migrant nor a foreigner, the petitioner pleaded that the name of his grandfather was Soinuddin Sheikh, son of Khoru whose name was recorded in the NRC of 1951 of village Tekelifuta under Mouz










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