Remanded

Lal Bhanu Bibi v. the Union of India and 5 Ors.

Gauhati HC2 Dec 2019WP(C)/6314/2019

Case brief

AI extract

What is this about?

The Gauhati High Court set aside an exparte order declaring the petitioner a foreigner, ruling that service of notice by hanging it at an Anganwadi School violated Order 3(5)(f) of the Foreigners (Tribunal) Order, 1964. The petitioner was permitted to appear within two weeks.

What did the court decide?

Impugned order dated 25.03.2019 set aside; petitioner permitted to appear before Tribunal within two weeks.

Lal Bhanu Bibi Vs the Union of India… — Constitutional and Fundamental Rights | Gauhati HC (2019)

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Page No.# 1/4

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GAHC010202262019

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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) 6314/2019

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1:LAL BHANU BIBI

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W/O- HANIF ALI, D/O- LT LAL MIYA, VILL- BOIJERALGA RIVER BLOCK, P.S. FAKIRGANJ, DIST- DHUBRI (ASSAM)

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VERSUS

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1:THE UNION OF INDIA AND 5 ORS.

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REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TRILOK MARG, NEW DELHI- 110001

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

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3:THE STATE OF ASSAM

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6

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4:THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA GHY SHILLONG ROAD BHANGAGARH GHY ASSAM PIN- 781005

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5:THE DY. COMMISSIONER OF DHUBRI DISTRICT

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DHUBRI P.O. AND DIST- DHUBRI ASSAM PIN- 783301

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6:THE SUPERINTENDENT OF POLICE DHUBRI DISTRICT DHUBRI P.O. AND DIST- DHUBRI ASSAM PIN- 78330

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Advocate for the Petitioner : MR. A T SARKAR

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

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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02.12.2019

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Suman Shyam, J.

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Heard Mr. A. T. Sarkar, learned counsel for the petitioner. We have also heard Mr. A. Kalita, learned Standing Counsel, FT, appearing for the respondent Nos.3, 5 and 6 and Ms. A. Verma, learned Standing Counsel, NRC Coordinator, appearing for the respondent No.4. Ms. G. Hazarika, learned CGC, has appeared for the respondent No.1 and Mr. A. I. Ali, learned Standing Counsel, ECI, has appeared for the respondent No.2.

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This writ petition is directed against the exparte order dated 25.03.2019 passed by the learned Member, Foreigners’ Tribunal No.7, Dhubri, Bilasipara in connection with F.T.Case No.153/BBR/18 declaring that the petitioner was a foreigner of the post 1971 stream.

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By referring to the impugned order, Mr. Sarkar submits that no notice of the proceeding was ever served upon his client and therefore, the impugned order has been passed in flagrant violation of the principles of natural justice.

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A perusal of the order dated 25.03.2019 goes to show that although notice was issued by the learned Tribunal but when the proceedee was not found in the said address, notice was served by hanging the same in Rangamati Part-I Anganwadi School by obtaining signatures of the witnesses. The petitioner’s residential address is not Rangamati Part-I Anganwadi School. Therefore, the aforesaid mode of service of notice, in our considered opinion, is wholly unacceptable in view of the specific provision contained in Order 3(5)(f) of the Foreigners (Tribunal) Order, 1964, which requires that in the absence of the proceedee, notice is required to be hung on the outer door or some other conspicuous part of the house in which the proceeded ordinarily resides or has last resided.

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Mr. Kalita, learned Standing Counsel, FT, has also submitted in his usual fairness that in this case no proper service of notice had taken place upon the proceedee.

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Taking note of the submission of learned counsel for the parties as well as the facts and circumstances of the case, we set aside the impugned order dated 25.03.2019. The petitioner is permitted to appear before the learned Tribunal within two weeks from today and produce a certified copy of this order. Upon such appearance, the learned Tribunal may proceed with the matter and answer the Reference after giving proper opportunity of being heard to the petitioner. It is made clear that if the petitioner fails to appear

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before the learned Tribunal within two weeks, as directed by this Court, the present order shall stand discharged without any further reference to this Court.

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Writ petition stands disposed of.

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JUDGE JUDGE

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Comparing Assistant

Lal Bhanu Bibi v. the Union of India and 5 Ors.

Case brief

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Lal Bhanu Bibi v. the Union of India and 5 Ors.

Case brief

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