GAHC010261662025 2026:GAU-AS:1742-

DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Review.Pet./282/2025 BASIRAN NESSA D/O LATE ZAKIR HUSSAIN @ JAGIR, W/O OSMAN GANI, R/O VILL. NIZ NAGAJAN, P.S. KHARUPETIA, DIST. DARRANG, ASSAM.

VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECY. TO THE GOVT. OF INDIA, DEPTT. OF HOME, NEW DELHI.

2:THE STATE OF ASSAM REP BY THE SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI-06

3:THE SUPERINTENDENT OF POLICE (B)

DARRANG MANGALDAI. P.O P.S AND DIST- DARRANG ASSAM

4:THE DISTRICT COMMISSIONER DARRANG MANGALDAI PO PS AND DIST- DARRANG ASSAM

5:THE FOREIGNER TRIBUNAL 3RD DARRANG MANGALDAI ASSA Advocate for the Petitioner : MR. M I HUSSAIN, MS. P AHMED,R KHA,MR. N UDDIN Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : Date: 09.02.2026 (A.M. Kalita, J)

Heard Ms. R. Kha, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned CGC; Mr. G. Sarma, learned Standing Counsel for the F.T. and Border matters; Mr. M. Islam, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel for the ECI; and Mr. H. K. Hazarika, learned Govt. Advocate for the State respondent.

2. The instant writ petition has been filed by the petitioner, praying for review of the order dated 21.08.2017, passed by a Division Bench of this Court in WP(C) No.

4614/2013.

3. The case of the petitioner is that, being aggrieved with the Judgment & Order of the learned Foreigners’ Tribunal (3^rd), Darrang, Mangaldoi, dated 21.03.2013, the petitioner approached this Court by filing WP(C) No. 4614/2013, which was dismissed, vide order dated 21.08.2017, affirming the aforesaid Judgment & Order dated 21.03.2013, passed in F.T.(3) Case No. 191/12. Being not satisfied by the aforesaid order dated 21.08.2017, the petitioner filed the review petition which was registered as Review Petition No. 184/2017, praying for review of the order dated 21.08.2017. A Division Bench of this Court, vide it’s order dated 27.11.2017, dismissed the aforesaid review petition. Thereafter, the petitioner approached the Hon’ble Supreme Court by way of filing petition being Special Leave to appeal (C) No.(s) 7350/2018, challenging the order dated 27.11.2017, passed in the aforesaid Review Petition No. 184/2017. When the Special Leave to Appeal came up for hearing on 17.01.2020, the learned counsel for the petitioner made a prayer for withdrawal of the same with a liberty to file a fresh review petition before this Court and to produce one NRC document. The Hon’ble Supreme Court granted the prayer of the petitioner and dismissed the Special Leave Petition as withdrawn with the liberty to file a fresh review petition, vide it’s order dated 17.01.2020. Accordingly, the instant review petition has been filed by the petitioner before this Court for review of the order dated 21.08.2017.

4. The learned counsel for the petitioner submits that the petitioner approached the Hon’ble Supreme Court by filing the Special Leave to Appeal (C) No.(s) 7350/2018, challenging the order dated 27.11.2017, passed in review petition No. 184/2017. However, during the pendency of the said Special Leave to Appeal, the Final NRC in Assam has been published, wherein the names of the mother and brother of the petitioner were included. That being an additional document, which was neither before the learned Foreigners’ Tribunal nor before the Gauhati High Court, the petitioner prayed for withdrawal for the said Special Leave to Appeal and the same was allowed by the Hon’ble Supreme Court, vide it’s order dated 17.01.2020 with a liberty to file a fresh review petition before this Court. He submits that there are sufficient documents to prove the petitioner’s Indian citizenship, which were overlooked by the learned Tribunal as well as by this Court while rendering the respective orders. Therefore, the lea