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2025 Supreme(Gau) 439

THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, KARDAK ETE
Sonabhan Bewa @ Sona Khatun – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. I.H. Saikia, Advocate.
For the Union of India : Mr. G. Pegu, CGC.
For the FT matters : Mr. J. Payeng, Standing Counsel.
For the State :Mr. H.K. Hazarika, Govt. Advocate.

JUDGMENT AND ORDER :

K.R. Surana, J.

Heard Mr. I.H. Saikia, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC for the Union of India, Mr. G. Sharma, learned standing counsel for the FT matters and Mr. H.K. Hazarika, learned Govt. Advocate for the State.

2. The matter was heard on 12.11.2024, but the judgment and order could not be delivered on time. Hence, the matter was re-heard again on09.04.2025.

3. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dated 12.02.2018, passed by the learned Member, Foreigners Tribunal No.5th, Goalpara in FT Case No. FT/5/131/MA/2016, bearing FT Reference Case No. 582/08, by which the petitioner was declared to be a foreigner of post 1971 stream.

4. On receipt of notice of the proceedings, the petitioner has filed her written statement on 01.08.2016 and claimed that she was a bona fide citizen of India by birth and born and brought up at village Ramapara Pather, P.S. Baghbar, the then undivided Karup District in the year 1975 and her parents are Haran Sarkar and Gokuljan Nessa. She claims to be an illiterate woman. In her written statement, the petitioner has stated

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