In a writ challenge to a Foreigners Tribunal order, the Gauhati High Court observed that the petitioner expired during pendency. It closed the petition, clarifying that authority action against legal heirs must follow proper enquiry.
The writ petition stands closed.
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GAHC010046422019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1495/2019
ISMAIL ALI S/O. LT. MD. BILLAL DEWAN, VILL. SHIBHETA, P.O. DARAMTAL, P.S. JAGIROAD, DIST. MORIGAON, PIN-782442.
VERSUS
THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA, DEPTT. OF HOME, NEW DELHI-01.
2:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF HOME DISPUR GUWAHATI-06. 3:THE DY. COMMISSIONER
MORIGAON PIN-782442. 4:THE SUPDT. OF POLICE (BORDER)
MORIGAON PIN-782442. 5:THE ELECTION COMMISSION
GOVT. OF INDIA NEW DELHI-01.
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6:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION (NRC)
ASSAM GUWAHATI-32.
7:THE FOREIGNERS TRIBUNAL NO. 1 MORIGAON REP. BY THE STANDING COUNSEL OF THE TRIBUNAL PIN-782442
Advocate for the Petitioner : MR. A ROSHID
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE THE CHIEF JUSTICE (ACTING) HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 13-06-2022
[N. Kotiswar Singh, C.J. (Acting)]
Heard A. Roshid, learned counsel for the petitioner. Also heard Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal; Mr. K. K. Parasar, learned CGC and Standing counsel, NRC; Mr. N. K. Das, learned Government Advocate and Mr. A. Bhuyan, learned Standing counsel, Election Commission of India, appearing for the respondents.
In this case the petitioner has challenged the judgment and order dated 21.11.2018, passed by the Foreigners Tribunal No. 1, Morigaon, Assam, in FT Case No. 614/2010.
It is submitted by the learned counsel for the petitioner that during pendency of the writ petition the petitioner, namely, Ismail Ali, has expired. It is also submitted by the learned counsel for the petitioner that although he tried to contact the legal heirs of the petitioner, however, they have not shown any interest to pursue the matter.
In that view of the matter, we are of the opinion that since the proceedee has expired during pendency of the present case, law will take its own course. However, we make it clear that if the authorities take action against the legal heirs of the deceased petitioner, the same
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shall be done by holding proper enquiry as per law.
With the above observations the writ petition stands closed.
JUDGE CHIEF JUSTICE (ACTING)
Comparing Assistant
Ismail Ali s/o Lt. Md. Billal Dewan
The Union of India
The State of Assam
The Dy. Commissioner Morigaon
The Supdt. of Police (Border) Morigaon
The Election Commission Govt. of India
N. Kotiswar Singh, C.J. (Acting)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
