Allowed

Dipti Mazumdar @ Dipti Rani Dey v. the Union of India and 5 Ors.

Gauhati HC15 May 2019WP(C)/2759/2019

Case brief

AI extract

What is this about?

The Gauhati High Court set aside the Foreigners Tribunal's order dismissing a petition by allowing the writ petition. The court directed the petitioner to file a fresh application before the Tribunal regarding summoning a witness, stating the Tribunal must exercise its powers in strict terms of CPC Order XVI Rule 1(3).

What did the court decide?

Impugned order set aside; direction to make fresh application before Tribunal by 17.05.2019 for witness summons under CPC Order XVI Rule 1(3).

Dipti Mazumdar @ Dipti Rani Dey Vs the… — Constitutional and Fundamental Rights | Gauhati HC (2019)

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GAHC010084192019

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

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Case No. : WP(C) 2759/2019

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1:DIPTI MAZUMDAR @ DIPTI RANI DEY

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D/O- LT SURESH CHANDRA DAS @ SURESH DAS, W/O- SRI DHANANJOY MAZUMDAR, R/O- VILL- CHANGJURARI (KAHARGAON), P.S. JAMUNAMUKH, DIST- HOJAI, ASSAM

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VERSUS

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1:THE UNION OF INDIA AND 5 ORS.

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THROUGH THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI

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2:THE STATE OF ASSAM THROUGH THE SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6

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3:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASOKA ROAD NEW DELHI- 110001

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4:THE STATE CO-ORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GHY-5

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5:THE DY. COMMISSIONER LAKHIMPUR DIST- LAKHIMPUR

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ASSAM PIN- 787001

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6:THE SUPERINTENDENT OF POLICE (B) LAKHIMPUR DIST- LAKHIMPUR ASSAM PIN- 78700

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Advocate for the Petitioner : MR. S C BISWAS

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Advocate for the Respondent : ASSTT.S.G.I.

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:: BEFORE ::

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HON’BLE MR. JUSTICE MANOJIT BHUYAN HON’BLE MR. JUSTICE MANISH CHOUDHURY

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O R D E R

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15.05.2019

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(Manojit Bhuyan, J)

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Heard Mr. S.C. Biswas, learned counsel for the petitioner as well as Mr. U.K. Nair, learned senior counsel representing respondent nos.2, 5 and 6. Ms. A. Verma, learned counsel appears for respondent no.4. None appears for respondent nos.1 and 3.

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Petitioner assails the order dated 26.03.2019, passed by the Foreigners’ Tribunal, Nagaon 10^th , Sankardev Nagar, Hojai, dismissing the Petition No.150/2019, arising out of F.T./D/Case No.1168/2015. In the said petition prayer was made for issuing summons to the Headmaster of Ujan Chankap H.S. School, Kamalpur, Dholai, Tripura to appear and prove the contents of the Exhibit-14 document.

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We have heard the learned counsels for the parties. We are informed that the next date before the Tribunal is fixed on 17.05.2019 for adducing evidence.

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As regards the purport of the impugned order dated 26.03.2019 and also having

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regard to the fact that a heavy burden lies on the petitioner to prove that she is not a foreigner by adducing cogent, reliable and admissible evidence, we are of the considered view that due opportunity should be granted to the petitioner for discharging the burden under Section 9 of the Foreigners Act, 1946. In any case, the evidence stage is not over.

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While allowing the present writ petition by setting aside the order dated 26.03.2019, we make a direction that if the petitioner is desirous of obtaining summons for the attendance of the Headmaster of Ujan Chankap H.S. School, Tripura, a fresh application in this regard shall be made before the Tribunal on 17.05.2019, stating therein the purpose for which the witness is proposed to be summoned. In the event such application is filed on 17.05.2019, the Tribunal shall exercise its powers for summoning and attendance of witnesses and pass order in strict terms of Order XVI, Rule 1(3) of the Code of Civil Procedure, 1908.

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With the above direction the present petition stands disposed of.

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JUDGE JUDGE

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Comparing Assistant

Dipti Mazumdar @ Dipti Rani Dey v. the Union of India and 5 Ors.

Case brief

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Dipti Mazumdar @ Dipti Rani Dey v. the Union of India and 5 Ors.

Case brief

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