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2022 Supreme(Gau) 743

N. KOTISWAR SINGH, NANI TAGIA
Anjana Biswas @ Anjana Sarkar, W/o. Ratan Sarkar – Appellant
Versus
Union of India, Represented by the Secretary to the Government of India – Respondent


Advocates Appeared:
For the Petitioner:Ms. D. Ghosh, Advocate.
For the Respondents:Ms. L. Devi, learned counsel, on behalf of Mr. RKD Choudhury, ASGI, Mr. J. Payeng, Special Counsel, FT; Mr. G. Sharma, Special Counsel, FT; Mr. A. Bhuyan, SC, ECI; Ms. L. Devi, SC, NRC; Ms. K. Phukan, Govt. Advocate; Ms. U. Das, Addl. Sr. Govt. Advocate, Assam.

JUDGMENT :

1. Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Mr. J. Payeng, learned Special Counsel, FT; Mr. A. Bhuyan, learned Standing Counsel, ECI; Ms. K. Phukan, learned Govt. Advocate and Ms. L. Devi, learned Standing Counsel, NRC.

2. In this petition, the petitioner has challenged the order dated 15.12.2021 passed in Case No. FT(D)873/2011 by the Foreigners Tribunal-2nd Morigaon by which the petitioner was declared to be a foreigner of post 1971 stream.

3. Learned counsel for the petitioner submits that the aforesaid opinion is rendered without properly appreciating the evidence on record and also without any proper enquiry before she was proceeded before the Tribunal.

4. According to the petitioner, this is the third round of litigation. In the first round, order passed by the Tribunal on 22.08.2013 in Case No. FT(D) 873/2011 was challenged before this Court in WP(C) No.2322/2014 on the ground that the petitioner was not heard. This Court vide order dated 15.11.2017 allowed the said writ petition enabling the petitioner to contest the reference by adducing evidence. The Tribunal again on appreciation of evidence held the petitioner to be a foreigner vide

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