Back
GAHC010216472019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 6681/2019
1:GAJIBAR MONDAL S/O- LT. MAHAMAD ALI, VILL. DHALPUR, P.S. SIPAJHAR, DIST.- DARRANG, ASSAM. VERSUS
1:THE UNION OF INDIA AND 5 ORS.
REP. BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-
110001.
2:THE ELECTION COMMISSIONER OF INDIA GOVT. OF INDIA NEW DELHI- 110001.
3:THE STATE OF ASSAM REP. BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT.
DISPUR GUWAHATI- 781006.
4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS (NRC)
BHANGAGARH GUWAHATI-5.
5:THE DEPUTY COMMISSIONER DARRANG DIST. DARRANG ASSAM. PIN- 784125.
6:THE SUPERINTENDENT OF POLICE (B)
DARRANG DIST.- DARRANG ASSAM. PIN-784125 Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
['H R A CHOUDHURY', '', 'H ALI', 'S ISLAM', 'ASSTT S G I', '', 'SC', 'F T', 'NRC', 'ECI']
ORDER
17.12.2019 Suman Shyam, J.
Heard Mr. H. Ali, learned counsel appearing for the writ petitioner. We have also heard Mr. U. K. Nair, learned Senior Standing Counsel, FT as well as Ms. A. Verma, learned Standing Counsel, NRC Coordinator, Ms. P. Das, learned Standing Counsel, ECI and Ms. G. Hazarika, learned CGC, appearing for the respondents.
This writ petition is directed against the exparte order dated 27.12.2018 passed by the learned Member, Foreigners’ Tribunal [4th], Darrang, Mangaldai, in F.T. Case No.970/12 declaring the petitioner to be a foreigner of the post 1971 stream.
By referring to the impugned order Mr. Ali submits that his client was never served with a notice in connection with the reference case as a result of which, the petitioner could not appear and contest the matter. The learned counsel for the petitioner has also invited our attention to the documents brought on record which includes the voters’ list of 1966 and 1970 containing the names of the petitioner’s grandfather and father respectively as well as the copy of the subsequent voters’ list to show the petitioner’s linkage with his father. Contending that if an opportunity is not granted to the petitioner to defend his interest the same would result to miscarriage of justice, the learned counsel has prayed for setting aside the impugned exparte order.
A perusal of the impugned exparte order dated 27.12.2018 goes to show that notice was served in this case by substituted method through the police constable by affixing a copy of the notice in presence of the witnesses. However, the impugned order does not indicate the place where the notice was affixed. There is no dispute in this case that notice was physically not served upon the petitioner.
Having regard to the facts and circumstances of the case in its entirety, more particularly the documents brought on record, we are of the opinion that the present is a fit case where one opportunity should be granted to the petitioner to defend his interest in connection with the reference case.
We, therefore, set aside the impugned order dated 27.12.2018 and direct the petitioner to appear before the learned Foreigners’ Tribunal on or before 03.02.2020 along with a certified copy of this order. On such appearance, the petitioner be permitted to file written statement and adduce evidence in support of his claim. The learned Tribunal may thereafter, dispose of the reference on merit, based on materials on record.
It is, however, made clear that if the petitioner fails to appear before the learned Tribunal within the timeframe provided above, this order shall stand discharged without any further reference to this Court.
Writ petition stands disposed of.
JUDGE JUDGE Comparing Assistant
