Single judge order granting an extension of time to the applicant to appear before Foreigners' Tribunal No. 5, Barpeta, despite a two-year delay in filing the application, citing interest of justice.
Extension of time granted to appear before Foreigners' Tribunal No. 5, Barpeta, Assam on 29-09-2023.
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GAHC010194452023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2603/2023
SADULLA MANDAL S/O LATE SAFAR UDDIN MANDAL VILL- LACHANGA P.S. KALGACHIA DIST. BARPETA, ASSAM, PIN - 781319.
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001.
2:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER NEW DELHI- 110001.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM HOME DEPARTMENT DISPUR
GUWAHATI- 781006.
4:THE DEPUTY COMMISSIONER
BARPETA 781301.
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BARPETA ASSAM PIN -781301 ASSAM.
6:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI-5
Advocate for the Petitioner : MR M HOQUE
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
18-09-2023
(L.S. Jamir, J)
Heard Mr. M. Hoque, learned counsel for the applicant. Also heard Ms. L. Devi, learned Central Government Counsel for the respondent Nos. 1 and 4; Mr. A.I. Ali, learned standing counsel, Election Commission of India, for the respondent No. 2; Mr. G. Sarma, learned standing counsel, Foreigners’ Tribunal, representing the respondent Nos. 3 and 6 and Mr. P. Sarma, learned Additional Senior Government Advocate for respondent No.5.
By this interlocutory application, the applicant is praying for grant of additional time enabling him to appear before the Foreigners’ Tribunal No. 5th , Barpeta, Assam, in terms of the order dated 16-06-2022, passed by this Court in WP(C) No. 705/2019.
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The learned counsel for the applicant submits that as the applicant is staying in a remote area and there was communication gap between him and his counsel, the applicant had no knowledge of the direction given by this Court to him to appear before the learned Tribunal. As such, the applicant craves leave of this Court to grant him extension of time enabling the applicant to appear before the learned Tribunal.
The order of this Court was passed as early as on 16-06-2022 and this interlocutory application for extension of time was filed on 30-08-2023.
We find that no proper explanation has been given with regard to communication gap between the applicant and his counsel as well as the date of knowledge of the order dated 16-06-2022, passed by this Court. However, in the interest of justice, we allow this application by directing the present applicant/petitioner to appear before the Foreigners’ Tribunal No. 5th , Barpeta, Assam, on 29-09-2023.
The interlocutory application stands disposed of accordingly.
JUDGE JUDGE
Comparing Assistant
2 issues framed by the court
Whether an extension of time should be granted to the applicant to appear before the Foreigners' Tribunal despite the significant delay in filing the application.
Whether the explanations provided regarding communication gap and remote location justify the grant of an extension.
SADULLA MANDAL
THE UNION OF INDIA
THE ELECTION COMMISSION OF INDIA
THE STATE OF ASSAM
THE DEPUTY COMMISSIONER BARPETA
THE SUPERINTENDENT OF POLICE (B) BARPETA
Lanusungkum Jamir
Budi Habung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
