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2022 Supreme(Gau) 444

N.KOTISWAR SINGH, MALASRI NANDI
Md Mainul Ali, S/o Lt. Jamir Ali @ Jamin Ali – Appellant
Versus
Union Of India – Respondent


Advocate Appeared:
For the Appellant :Mr. B.K. Sarma, Mr. B.C. Das, Mr. B. Barman, Advocates.
For the Respondents:Ms. L. Devi, Mr. N. Pathak, Ms. K. Phukan, Advocates.

JUDGMENT :

N.Kotiswar Singh, J.

Heard Mr. B.K. Sarma, learned counsel for the petitioners. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Asstt. Solicitor General of India for respondent No.1; Mr. N. Pathak, learned Standing Counsel, Foreigners Tribunal; Ms. K. Phukan, learned Govt. Advocate, Assam.

2. These two writ petitions, WP(C) No.224/2018 and WP(C) No.229/2018 are tagged together as it has been submitted that the petitioners in both the writ petitions and proceedings are relatives and they had relied on some similar set of evidences before the learned Tribunal though in two separate proceedings and the learned Tribunals have given two separate opinions.

Petitioner in WP(C) No. 224/2018 Mainul Ali is the son of Jamir Ali, whereas the petitioner in WP(C) No.229/2018 is the son of Harej Ali and grandson of Jamir Ali and as such they are related as nephew and uncle.

3. WP(C) No.224/2018

3.1 We first deal with WP(C) No.224/2018 filed by the petitioner, Md. Mainul Ali challenging the opinion dated 07.11.2017 passed by learned Foreigners Tribunal No.1, Nalbari in F.T.(Nal) Case No.(N)294/2011 [S.P. Reference No.231/09] declaring the petitio

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