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2025 Supreme(Gau) 719

IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Kalyan Rai Surana, Malasri Nandi
Mahar Ali S/o. Late Kabej Ali – Appellant
Versus
Union of India Rep. By The Secretary To The Govt. of India, Deptt. of Home, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. A Roshid, Ms. M R Devi
For the Respondent: Asstt.S.G.I., SC, F.T, Mr J Payeng, SC, NRC, Ms. A Verma, Sc, Eci, Mr. D Baruah

JUDGMENT :

K.R. Surana, J.

Heard Ms. T. Begum, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondents.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 31.07.2018, th passed by the learned Member, Foreigner’s Tribunal- 4 , Goalpara in FT Case No. FT(G-4) 18/M/17, arising out of IM(D)T Case No. 876 of 2000, by which the petitioner was held to be a foreigner of post 25.03.1971 stream.

3. On receipt of notice of the notice of the proceedings, the petitioner had appeared before the learned Tribunal and filed his written statement. The petitioner had denied that he was a foreigner as alleged and had stated that his parents and grandparents were also citizen of India by birth. The petitioner had alleged that the Investigation Officer did not visit his house and did not ask him to produce any document about his citizenship or nationalit

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