This interlocutory application sought to correct a clerical error in the petitioner's description within the cause title of a disposed writ petition challenging a Foreigners Tribunal order. Holding such correction inadmissible post-disposal, the High Court dismissed the application without further order.
No order called for.
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GAHC010080962018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1437/2018 In WP(C) No.1575/2018
1:TAPAN BISWAS AND 3 ORS
S/O- LT SURENDRA BISWAS@ GOBINDA BISWAS, R/O- VILL-8 NO. BLOCK SARU MATIPARBAT, P.O. KILLING VELLY, P.S. JAGIROAD, DISTMORIGAON, ASSAM, PIN-782413
2: SMTI. SUMOTI BISWAS W/O- TAPAN BISWAS D/O- LT SUDHIR BISWAS R/O- VILL-8 NO. BLOCK SARU MATIPARBAT P.O. KILLING VELLY P.S. JAGIROAD DIST- MORIGAON ASSAM PIN-782413
3: NAYAN BISWAS D/O- TAPAN BISWAS W/O- RABINDRA SARKAR R/O- VILL-8 NO. BLOCK SARU MATIPARBAT P.O. KILLING VELLY P.S. JAGIROAD DIST- MORIGAON ASSAM PIN-782413
4: MALATI BISWAS D/O- LT TAPAN BISWAS W/O- TENDAR R/O- VILL-8 NO. BLOCK SARU MATIPARBAT P.O. KILLING VELLY
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P.S. JAGIROAD DIST- MORIGAON ASSAM PIN-78241
VERSUS
1:THE UNION OF INDIA AND 9 ORS REP. BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI01
2:THE CHIEF ELECTION COMMISSIONER OF INDIA NEW DELHI-01
3:THE STATE OF ASSAM REP. BY CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GHY-6
4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6
5:THE STATE COORDINATOR NRC ASSAM BHANGAGARH GHY-7
6:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY-5
7:THE SUPERINTENDENT OF POLICE (B) MORIGAON ASSAM PIN-782425
8:THE DEPUTY COMMISSIONER
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MORIGAON ASSAM PIN-782425
9:THE OFFICER-IN-CHARGE JAGIROAD PS. DIST- MORIGAON ASSAM PIN-782425 10:THE ELECTOR REGISTRATION OFFICER NO. 79 JAGIROAD (SC) LAC DIST- MORIGAON ASSAM PIN-78241
Advocate for the Petitioner : MR. M U MONDAL
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONBLE MR. JUSTICE UJJAL BHUYAN HON BLE MR. JUSTICE NELSON SAILO
ORDER
Date : 09-05-2018
Ujjal Bhuyan, J.
Heard Mr. MU Mondal, learned counsel for the applicants and Mr. A Kalita, learned Special Counsel, Foreigners Tribunal (FT).
This application has been filed to correct the description of applicant/petitioner No.2, Smti. Sumoti Biswas in the cause title of the related writ petition.
Be it stated that Smti. Sumoti Biswas was the petitioner No.2 in WP(C) No.1575/2018 which was filed challenging the legality and correctness of the order dated 19.05.2011, passed by the Foreigners Tribunal (1st ), Morigaon in FT(C) Case No.224/2007 (State Vs. Shri Tapan Biswas & 6 Ors.), declaring the proceedees i.e., the writ petitioners to be foreigners who had illegally entered into India (Assam) from Bangladesh after 25.03.1971. WP(C)
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No.1575/2018 was disposed of on 21.03.2018 in the following terms: -
“Having heard learned counsel for the parties and on due consideration, we feel that it may not be necessary for us to enter into the controversy regarding service of notice upon the petitioners because it would be in the interest of justice, if one more opportunity is granted to the petitioners to contest the reference on merit. At this stage, we may mention that the reference was against seven persons but only four of them have filed the present writ petition, namely, Sri Tapan Biswas, Smti. Sumati Biswas, Sri Nayan Biswas and Miss Malati Biswas. Therefore, this order would be confined to these four petitioners only. Consequently, we set aside the order dated 19.05.2011 in respect of the above four petitioners and direct the petitioners to appear before the Foreigners Tribunal (1st), Morigaon in connection with FT(C) Case No.224/2007 (State Vs. Shri Tapan Biswas & 6 others) along with their written statement on 19.04.2018 at 10.30 a.m. whereafter, Tribunal shall proceed with the reference in accordance with law and conclude the same within a period of 60 days from the date of appearance. However, if there is any default on the part of the petitioners henceforth, Tribunal would be at liberty to pass such order as may be deemed fit and proper. Before parting with the record, we make it clear that we have not expressed any opinion on merit. Writ petition is disposed of”
Now by this application, it is contended that petitioner No.2 was shown as daughter of Lt. Rabindra Sarkar whereas, it should have been daughter of Sudhir Biswas.
We are afraid we can entertain this application at this stage after disposal of the writ petition on 21.03.2018.
No order is called for in this interlocutory application, which is accordingly dismissed.
JUDGE JUDGE Biplab
Comparing Assistant
1 issue framed by the court
Whether the court can entertain an application to correct the description of a petitioner in the cause title after the original writ petition has been disposed of.
Tapan Biswas and 3 Ors
The Union of India
The Chief Election Commissioner of India
The State of Assam
The Commissioner and Secretary to the Govt. of Assam Home Deptt
The State Coordinator NRC Assam
Ujjal Bhuyan
Nelson Sailo
Biplab
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
