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2025 Supreme(Gau) 870

IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Kalyan Rai Surana, Manish Choudhury
Altar Ali – Appellant
Versus
Union of India, represented by the Secretary to the Govt. of India, Ministry of Home Affairs, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. M.U. Mahmud, Advocate
For the Respondent:Mr.P.S. Bhattacharyya, CGC, Mr. P. Sarma, Addl. Senior Government Advocate, Mr. A.I. Ali & Mr. J. Payeng, Standing Counsel, Mr. M. Islam, Advocate

JUDGMENT :

Manish Choudhury, J.

This review petition under Chapter-X of the Gauhati High Court Rules read with Order XLVII, Rule 1 and Rule 2, Code of Civil Procedure, 1908 [‘CPC’ or ‘the Code’, for short] is preferred seeking review of an Order dated 10.05.2019 passed in a writ petition, W.P.[C] no. 2853/2019.

2. The events leading to the passing of the Order dated 10.05.2019 can be recapitulated, in brief, at first.

2.1. A reference was made by the Superintendent of Police [Border], Baksa under Section 2 [1] of the Foreigners [Tribunals] Order, 1964 to the Foreigners Tribunal, Baksa at Tamulpur [‘the Tribunal’, for short] on the ground that on being asked, the proceedee-opposite party, that is, the petitioner could not produce within given time any documentary evidence in support of his entry into India prior to 25.03.1971, though he claimed to be a citizen of India. The reference was made to the Tribunal for its opinion as to whether the proceedee-opposite party-petitioner was a foreigner or not.

2.2. On receipt, the reference was registered as F.T. Case no. 17/BAKSA/2018. After registration, the Tribunal issued notice to the proceedee-opposite party-petitioner [hereinafter also re

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