Dismissed

Hamed Ali @ Homed Ali v. the Union of India and 9 Ors.

Gauhati HC18 Dec 2019WP(C)/4616/2019

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed a petition challenging the deletion of 'D' (foreigner) status. The court closed the petition, observing that no fruitful purpose would be served without the petitioner contesting the pending case before the Foreigner's Tribunal. The case is disposed of directing the petitioner to prosecute the matter before the Tribunal.

What did the court decide?

The writ petition is closed and disposed of; the petitioner is directed to contest the pending case before the Foreigner's Tribunal.

Hamed Ali @ Homed Ali Vs the Union of… — Constitutional and Fundamental Rights | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010151122019

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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) 4616/2019

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1:HAMED ALI @ HOMED ALI

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D/O- LATE NISHAN ALI, R/O- VILL- TUMNI SIMLAKANDI, P.O- TUMNI, P.SSOUTH SALMARA, DIST- SOUTH SALMARA MANKACHAR, ASSAM, PIN783127

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VERSUS

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1:THE UNION OF INDIA AND 9 ORS

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REP. BY THE SECRETARY TO THE GOVT OF INDIA, MIN OF HOME AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI- 01

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2:THE STATE OF ASSAM REP. BY CHIEF SECRETARY TO GOVT OF ASSAM DISPUR GUWAHATI- 06

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3:THE ELECTION COMMISSION OF INDIA REP. BY CHIEF ELECTION COMMISSIONER NEW DELHI-110001

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4:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR GHY- 06

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5:THE DGP ASSAM ULUBARI GHY- 5

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Page No.# 2/3

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6:THE SUPERINTENDENT OF POLICE (B) SOUTH SALMARA MANKACHAR P.O- HATSINGIMARI DIST- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135

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7:THE DEPUTY COMMISSIONER SOUTH SALMARA MANKACHAR P.O- HATSINGIMARI DIST- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135

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8:THE STATE COORDINATOR NRC BHANGAGARH GUWAHATI ASSAM PIN- 781005

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9:THE ELECTORAL REGISTRATION OFFICER 22 NO. SOUTH SALMARA LAC SOUTH SALMARA MANKACHAR ASSAM PIN- 783135

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10:THE OFFICER IN CHARGE SOUTH SALMARA POLICE STATION DIST- DHUBRI ASSAM PIN- 78312

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Advocate for the Petitioner : MR. M U MONDAL

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

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Page No.# 3/3

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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Date : 18-12-2019

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Heard Shri M. U. Mandal, learned counsel for the petitioner who is aggrieved by non consideration of the representation filed for deleting “D” against his name.

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Learned counsel has submitted that such marking has been done erroneously and there is no reason why the petitioner should be marked “D”.

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Shri A. Kalita, learned standing counsel, FT on the other hand submits a list before this Court and has contended that the name of the petitioner figures in the list. The list pertains to cases which are pending before the Foreigners Tribunal and the case regarding the petitioner is also seen to be pending before the learned Foreigner’s Tribunal Kamrup (Metro).

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Though Shri M. U. Mandal, learned counsel submits that he has not received notice of such case, in view of the categorical submission made by the learned standing counsel, FT alongwith the list submitted, this Court is of the opinion that no fruitful purpose would be served by keeping this writ petition pending unless the petitioner contests the case said to be pending before the learned FT, Kamrup (Metro).

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In that view of the matter, the instant writ petition is closed by observing that the petitioner may contest the case pending in the aforesaid Foreigner’s Tribunal.

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A copy of the list submitted by Shri A. Kalita, learned standing counsel, FT be furnished to Shri M. U. Mandal, learned counsel as well as to the Court which are made part of the case record.

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Writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Hamed Ali @ Homed Ali v. the Union of India and 9 Ors.

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Hamed Ali @ Homed Ali v. the Union of India and 9 Ors.

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