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GAJIBAR MONDAL – Appellant
Versus
THE UNION OF INDIA AND 5 ORS – Respondent


Advocates:
['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

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