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2025 Supreme(Gau) 2194

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI, SUSMITA PHUKAN KHAUND
Beauti Begum – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : S.A. Ahmed
For the Respondents: G. Sarma, P. Sarma, S. Katakey, M.R. Adhikari

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the opinion rendered vide impugned order dated 24.04.2019 passed by the learned Foreigners Tribunal Jorhat in F.T.G. (D) 474/2010. By the impugned opinion, the petitioner who was the proceedee before the learned Tribunal has been declared to be a foreigner post 25.03.1971. As per the projection made in the petition, the aforesaid order is an ex parte one.

2. The facts of the case may be put in a nutshell as follows:

(i) The reference was made by the Referral Authority against the petitioner giving rise to the aforesaid F.T.G. (D) 474/2010.

(ii) The learned F.T., Jorhat had issued notice to the proceedee on 21.01.2019 whereafter she had appeared before the learned Tribunal on 08.02.2019. As per requirement u/s 9 of the Foreigner’s Act, 1946 to prove that the proceedee is not a foreigner, the petitioner had filed the written statement on 28.02.2019 along with certain documents. Thereafter, though at least 5 dates were fixed for filing of evidence on affidavit, neither the petitione

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