JUDGMENT :

(M. Nandi, J.)

Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr.U.K. Goswami, learned CGC; Ms. A. Verma, learned Standing Counsel, FT matters; Ms. P. Barua, learned Standing Counsel, ECI and Mr. P. Sarmah, learned Additional Senior Government Advocate.

2. By filing an application under Article 226 of the Constitution of India, the petitioner has challenged the impugned order dated 02.09.2022, passed by the learned Member, Foreigners Tribunal No.1, Bongaigaon in Case No. vide BNGN/FT/3230/09 [reference IM(D)T Case No.656/01], declaring the petitioner to be a foreigner of post 25.03.1971.

3. On receipt of the notice, the petitioner appeared before the Tribunal and submitted her written statement wherein she stated that she is a citizen of India by birth. The name of the petitioner’s father recorded in the voter lists of 1966 and 1970. The petitioner has purchased the plot of land in the year 1981 wherein the name of the petitioner’s father has been reflected.

4. The written statement also disclosed that the petitioner got married to one Kurban Ali in the year 1979. In the year 1983, she gave birth to a male child. After one year of birth of a child, she