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2021 Supreme(Gau) 745

Tika Devi – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants : R.P. Sarmah, S.P. Chetry.
For the Respondents: A. Gayan, J. Payeng, A.I. Ali, U. Das, L. Devi.

JUDGMENT :

N. Kotiswar Singh, J.

1. Heard Mr. R.P. Sarmah, learned Senior counsel assisted by Ms. S.P. Chetry, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC appearing for respondent No. 1; Mr. J. Payeng, learned special counsel, FT, appearing for respondent Nos. 2, 4 and 5; Mr. A.I. Ali, learned standing counsel, ECI, appearing for respondent No. 6; Ms. U. Das, learned Additional Senior Government Advocate, Assam, appearing for respondent No. 3 and Ms. L. Devi, learned standing counsel, NRC, appearing for respondent No. 7.

2. In this petition, the matter pertains to the challenge of the order dated 30.01.2019 passed by the learned Member, Foreigners Tribunal (2nd), Sonitpur, Tezpur, Assam, in F.T. (D.C.) Case No. 6/2006 by which the petitioner was declared as a foreigner/illegal migrant of post 25.03.1971 stream.

3. The case of the petitioner is that the petitioner belongs to Gorkha community and as such she cannot be treated to be a foreigner and has relied on the decision rendered by the Division of this Court on 29.11.2019 in W.P. (C) No. 8490/2018 [Indira Newar vs. Union of India and Others] and other analogous matters and submits that in the aforesaid de

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