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GAUHATI HIGH COURT
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH,HONOURABLE MR. JUSTICE MANISH CHOUDHURY
SAMIRON NESSA – Appellant
Versus
THE UNION OF INDIA AND 5 ORS – Respondent


ORDER

Date : 09-09-2021 (M. Choudhury, J)

Heard Mr. R. Ali, 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.2, 5 and 6 and Mr. A. Bhuyan, learned standing counsel, ECI, appearing for respondent No.3.

2. In this petition, the petitioner has challenged the ex-parte order dated 17.08.2017 th th passed in F.T. Case No. F.T. (8 ) GLP/594/16 by the Foreigners' Tribunal No-8 , Goalpara, Assam, whereby the petitioner was declared as foreigner of post 1971 stream. The grievance of the petitioner is that the petitioner was proceeded ex-parte without properly serving notice upon her though she was very much available in her residence located in Village – Rowmari, Post Office – Joypur Bazar, Police Station –

Baguan, District – Goalpara.

3. Learned counsel for the petitioner submits that the petitioner otherwise has all the necessary documents to prove that she is an Indian citizen. However, as she had been proceeded ex-parte

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