M. R. PATHAK, SANJAY KUMAR MEDHI
Hurmuj Khan – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
The present petition has been filed for review of an order dtd. 17/7/2019 passed in WP (C)/2650/2019. By the aforesaid order, the writ petition, which was filed against an order dtd. 15/12/2018 passed by the Foreigner's Tribunal-4, Barpeta (for short hereinafter referred to as the Tribunal), has been dismissed and the order of the Tribunal declaring the petitioner, as a foreigner of post 25/3/1971 stream, has been upheld.
2. The review petition has been stated to be filed under Chapter-X of the High Court Rules read with Ss. 115 and 151 of the Code of Civil Procedure.
3. We have heard Shri AR Sikdar, learned counsel for the review petitioner as well as Shri RK Dev Choudhury, learned ASGI for the respondent no. 1. We have also heard Shri A Kalita, learned Standing Counsel, Foreigners Tribunal for the respondent nos. 2 and 3; Shri NK Das, learned State Counsel, Assam for the respondent no. 4; Mr. AI Ali, learned Standing Counsel, Election Commission of India for the respondent no. 5 as well as Ms. L Devi, learned Standing Counsel, State Co-ordinator, NRC for the respondent no. 6.
4. The grounds, which have been urged in this review petition, are extracted
Patel Narshi Thakershi Vs. Pradyuman-singhji Arjunsinghji
Sirajul Hoque Vs. State of Assam reported in (2019) 5 SCC 534
Shivdev Singh and Ors. Vs. State of Punjab and Ors. AIR 1963 SC 1909;
Aribam Tuleswar Sharma Vs. Aribam Pishak Sharma reported in (1979) 4 SCC 389
BCCI and Anr. Vs. Netaji Cricket Club and Ors. (2005) 4 SCC 741
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