Samar Ali v. The Union of India and 6 Ors

ORDER

02.12.2024 (K.R. Surana, J) Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. G. Sharma, learned Standing Counsel, Foreigner's Tribunal representing respondent Nos. 2, 4, 6 and 7, Ms. L. Devi, learned CGC appearing for respondent No. 1, Mr. H. K. Hazarika, learned Government Advocate appearing for respondent No. 5, and Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned Standing Page No.# 3/4 Counsel, ECI for the respondent No. 3.

¶2Pursuant to the order dated 23.10.2024, the learned Standing Counsel, Foreigner's Tribunal has produced the scanned copy of the opinion dated

27.09.2024, passed by the Learned Member, Foreigner's Tribunal-7th, Tezpur at Balipara, in connection with the proceedings of Case No: FTDC 1499/2016, arising out of Ref No. TZP.(B)/2001/1571 by which the petitioner was declared a foreigner of post 25.03.1971 stream.

¶3The learned counsel for the petitioner has submitted that in this writ petition, the petitioner has challenged the orders dated 21.03.2024 and 07.05.2024, by which his prayer for giving time to examine the witnesses was rejected.

¶4In view of the changed circumstances, the learned counsel for the petitioner prays for liberty to withdraw this writ petition so as to challenge the opinion dated

27.09.2024, rendered in the proceedings of FTDC Case No. 1499/2016, as well as the interlocutory orders dated 21.03.2024 and 07.05.2024, passed therein, which are the subject matter of this writ petition.

¶5Prayer is allowed.

¶6Accordingly, this writ petition is permitted to withdraw with liberty to the petitioner to approach again for the purpose of assailing the opinion dated

27.09.2024 as well as the interlocutory orders dated 21.03.2024 and 07.05.2024, referred above, if so advised.

¶7The copy of the said scanned copy of the orders dated 07.05.2024,

27.06.2024 and the opinion dated 27.09.2024, as produced by the learned Standing Counsel, Foreigner's Tribunal are retained as a part of the record.

Page No.# 4/4 JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010212482024 ooooooo 2024:GAU- AS:12074-DB ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5322/2024o SAMARoALIo SONoOFoLATEoABDULoGAFUR,oPERMANENToRESIDENToOFoVILLAGE-o KANYAGHAT,oPOLICEoSTATION-CHARIDUAR,oDITRICT-oSONITPUR,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,o GOVERNMENToOFoINDIA,oSHASTRIoBHAWAN,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-o781006 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.oROAD oBHANGAGARH oGUWAHATI oASSAM Page No.# 2/4 PIN- 781005 5:THE DISTRICT COMMISSIONER SONITPUR POST OFFICE- TEZPUR DISTRICT- SONITPUR ASSAM PIN- 784001 6:THE SUPERINTENDENT OF POLICE (BORDER) SONITPUR POST OFFICE- TEZPUR DISTRICT- SONITPUR ASSAM PIN- 784001 7:THE OFFICER-IN-CHARGE OF CHARIDUAR POLICE STATION DISTRICT- SONITPUR ASSAM PIN- 78410 Advocate for the Petitioner : MR. M AHMED, MR A N IQBAL Advocate for the Respondent : DY.S.G.I., SC, ELECTION COMMISSION.,SC, F.T,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND