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2025 Supreme(Gau) 1170

IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Kalyan Rai Surana, Malasri Nandi
Intaj Mandal Alias Intaj Ali, S/O Late Ektar Ali Mandal @ Ektar Mandal @ Ektar Ali – Appellant
Versus
Union Of India Represented By The Secy. To The Govt. Of India, Ministry Of Home Affairs, New Delhi – Respondent


Advocate Appeared:
For the Petitioner: Mr. A Thakuria
For the Respondent:K.K. Parashar, Mr. G. Sarma, standing counsel, Advocates, Mr. M. Islam, on behalf of Mr. A.I. Ali., Advocates, Mr. P. Sarmah, Addl. Senior Govt. Advocate.

JUDGMENT :

K.R. Surana, J.

Heard Mr. A. Thakuria, learned counsel for the petitioner. Also heard Mr. K.K. Choudhury, learned CGC, Mr. M. Islam, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for the Election Commission of India; Mr. G. Sarma, learned standing counsel for the FT matters and N.R.C.; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for the State.

Challenge in this writ petition:

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dated 30.03.2022, passed by the th learned Member, Foreigners Tribunal (10 ), Barpeta, in FT Case No. 188/2017 [arising out of IM(D)T Case No. 1927(B)/98], thereby declaring the petitioner to be a foreigner, who has entered into Assam on or after 25.03.1971.

Case of the petitioner before the Foreigners Tribunal:

3) In brief, the case of the petitioner is that after service of notice of the proceeding, he had appeared before the learned Tribunal and filed his written statement. The petitioner had denied that he was a foreigner and claimed that his parents were Indian citizens.

4) In his written statement, the petitioner had stated his defence, wh

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