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2023 Supreme(Gau) 93

ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN
Md. Surath Ali @ Churat Ali S/o. Lt. Babur Ali Sheikh @ Babur Ali @ Babur – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR.A T SARKAR

JUDGMENT :

A.M. Bujor Barua, J

Heard Mr. A.T. Sarkar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent No.1 being the Union of India, Ms. A. Verma, learned Counsel appearing for the Home Department of Government Assam for the respondent No.2 & 4 and Ms. U. Das, learned Advocate for the respondent No.3 being the Deputy Commissioner, Dhubri.

2. The petitioner, namely, Md. Surath Ali @ Churat Ali has been referred to the Foreigners’ Tribunal, 10th Dhubri for rendering an opinion as to whether he is a person who had entered the State of Assam from the specified territory on or after 25.03.1971, resulting in registration of F.T. Case No.FT(10)/AGM/392/2017. The Tribunal rendered an opinion dated 06.06.2017 declaring the petitioner to be an illegal migrant. Being aggrieved this Writ Petition is instituted.

3. In the Writ Petition, the petitioner relies upon the Voters List of 1970 of Village Jhaskal Part-II, Police Station Golakganj in Dhubri District, which contains the name of Babur Ali Sheikh son of Gadlu at Sl. No.137; the Voters List of 1977 of Village Jhaskal Part-II, Police Station Golakganj containing the name of Babur Ali son of Gadlu at

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