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2022 Supreme(Gau) 439

N.KOTISWAR SINGH, MALASRI NANDI
Kalu Miya, S/o. Amser Ali @ Anser Ali – Appellant
Versus
Union Of India – Respondent


Advocate Appeared:
For the Appellant :Mr. M.I. Hussain, Advocate
For the Respondents:Mr. N. Pathak, Ms. K. Phukan, Ms. L. Devi, Mr. A. Bhuyan, Advocates

JUDGMENT :

N.Kotiswar Singh, J.

Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned Asstt. Solicitor General of India for respondent No.1; Ms. Devi for respondent No.4 as the learned Standing Counsel, NRC; Mr. N. Pathak, learned Standing Counsel, Foreigners Tribunal appearing for respondent Nos.2, 6 & 7; Mr. A. Bhuyan, learned Standing Counsel, ECI for respondent No.3 and Ms. K. Phukan, learned Government Advocate, Assam for respondent No.5.

2. The present petition has been filed against the impugned judgment and order dated 03.10.2018 passed by the Foreigners Tribunal No.7, Barpeta in F.T. Case No.165/2016 [Corresponding to R/FT Case No.52/14]. The impugned opinion was passed against the petitioner as the procedee had failed to prove his linkage with his parents after considering all the evidences available on records with his projected parents.

3. The Tribunal, after considering all evidences and pleadings adduced by the petitioner, came to the finding that the petitioner had failed to discharge the burden of proof that he was born to genuine Indian parents and accordingly, the Tribun

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