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2022 Supreme(Gau) 429

N.KOTISWAR SINGH, NANI TAGIA
Sulekha Haldar, D/o. Late Khitish Chandra Biswas, W/o. Late Rohit Haldar – Appellant
Versus
Union of India, Rep. by the Secretary Min. of Home Affairs, Govt. of India – Respondent


Advocates Appeared:
For the Petitioner: Ms. D. Ghosh.
For the Respondent: Asstt. S.G.I.

JUDGMENT :

N. Kotiswar Singh, J.

Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Central Government Counsel; Mr. G. Sharma, learned Special Counsel, FT; Mr. A.I. Ali, learned Standing Counsel, ECI; Ms. L. Devi, learned Standing Counsel, NRC and Ms. K. Phookan, learned Government Advocate, Assam.

2. In this writ petition, the petitioner has challenged the opinion dated 15.06.2018 passed by the Foreigners Tribunal No.3rd, Morigaon in Case No.FT(D)193/2015 by which the Tribunal held that the petitioner had miserably failed to discharge her burden as envisaged under Section 9 of the Foreigners Act, 1946 and, accordingly, declared her to be an illegal immigrant of post 1971 stream.

3. The case of the petitioner, in brief, is that she is the daughter of one Khitish Ch. Haldar, son of Srinivash Haldar and Sumati Bala Haldar. The petitioner was born in Chakitup in Nagaon district. Later, her father shifted from Chakitup to Morigaon for business purposes and died there and she married to one Rohit Haldar. Thereafter, the petitioner, along with her family, shifted to Ouzari for better livelihood. Presently, the petitioner is settled in Malputa.

4. In supp

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