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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
EYAD ALI – Appellant
Versus
THE UNION OF INDIA AND 5 ORS – Respondent


Advocates:
['MD S HOQUE', '', 'S DEVI', 'M HOQUE', 'MD A WADUD', 'ASSTT S G I', '', 'SC', 'F T', 'NRC', 'ELECTION COMMISSION']

ORDER

06.10.2021 [N. Kotiswar Singh, J.]

Heard Mr. M. Hoque, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Asstt. Solicitor General of India, for respondent No.1 as well as appearing as standing counsel, NRC, for respondent No.4; Ms. A. Verma, learned Special Counsel, FT, appearing for respondent Nos.3 and 6 and Mr. A. Bhuyan, learned standing counsel, ECI, appearing for respondent No.2.

2. In this petition, the petitioner has challenged the ex-parte order dated 24.09.2019 passed in F.T.4th Case No.405/SPR/2017 by the Foreigners' Tribunal (4th), Darrang, Mangaldai, Assam, whereby the petitioner was declared as foreigner within the meantime of the Foreigners Act, 1946, who entered into Assam (India) after 25.03.1971 under Section 6A of the Citizenship Act, 1955. The grievance of the petitioner is that the petitioner was proceeded ex-parte without properly serving notice upon him though he was very much available in the village and he did not go out contrary to what has been mentioned in the report of the process server.

3. Learned counsel for the petitioner submits that the petitioner otherwise has all

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