Remanded

Santosh Biswas @ Santosh Das and Anr. v. the Union of India and 5 Ors.

Gauhati HC3 Feb 2023WP(C)/1234/2018

Case brief

AI extract

What is this about?

Writ petition challenging an ex-parte order of 1989 in a Foreigner Tribunal case filed in 2018. Court noted petitioners' delay and non-participation but remanded case for fresh adjudication in interest of justice, imposing Rs.10,000 costs.

What did the court decide?

Matter remanded to Tribunal for fresh adjudication with cost of Rs.10,000 deposited by petitioners.

Santosh Biswas @ Santosh Das and Anr… — Constitutional and Fundamental Rights | Gauhati HC (2023)

¶1

Page No.# 1/3

¶2

GAHC010039932018

¶3

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

¶4

Case No. : WP(C)/1234/2018

¶5

SANTOSH BISWAS @ SANTOSH DAS AND ANR. S/O. LT. GAURANGA BISWAS, VILL. SHIJALAKHAITI, P.S. SAMAGURI, DIST. NAGAON, ASSAM.

¶6

2: RABI BISWAS @ RABI DAS S/O. LT. GAURANGA BISWAS VILL. SHIJALAKHAITI P.S. SAMAGURI DIST. NAGAON ASSAM

¶7

VERSUS

¶8

THE UNION OF INDIA AND 5 ORS. THROUGH- THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI.

¶9

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

¶10

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

¶11

4:THE STATE CO-ORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GUWAHATI.

¶12

5:THE DY. COMMISSIONER

¶13

Page No.# 2/3

¶14

NAGAON P.O. NAGAON DIST. NAGAON ASSAM 6:THE SUPDT. OF POLICE (B) NAGAON P.O. NAGAON DIST. NAGAON ASSAM

¶15

Advocate for the Petitioner : MR A ALI

¶16

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

¶17

BEFORE

¶18

HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN

¶19

ORDER

¶20

Date : 03-02-2023

¶21

( AM Bujor Barua, J )

¶22

Heard Mr. RL Chutia, learned counsel for the petitioners. Also heard Ms. L. Devi, learned counsel for the respondent No.1, Mr. J. Payeng, learned counsel for the respondent Nos.2 and 6, Ms. U. Das, learned counsel for the respondent No.5 being the Deputy Commissioner, Nagaon.

¶23

The petitioners namely Santosh Biswas @ Santosh Das and Rabi Biswas @ Rabi Das were referred to the Foreigners Tribunal, Nagaon for an opinion as to whether they are the persons who entered the State of Assam subsequent to 25.03.1971 and in the process, FT Case No.72/86 was registered.

¶24

Although the petitioners received notice and appeared before the learned Tribunal on certain dates but subsequently, without any acceptable reason the

¶25

Page No.# 3/3

¶26

petitioners did not participate in the proceeding any further, resulting in the exparte order dated 24.02.1989.

¶27

We have noticed that the ex-parte order is of 24.02.1989, whereas the present writ petition has been filed in the year 2018 without any acceptable reason, other than stating that the petitioners came to know about the order only in the year 2015. If the petitioners had received notice and was required to appear before the Tribunal, it was their own duty to keep track of the proceeding, rather than keep waiting for a period as long as 26 years.

¶28

But in the interest of justice, we remand the matter back to the Tribunal, for a fresh adjudication but because of the conduct of the petitioners, as indicated above, cost of an amount of Rs.10,000/- (Rupees ten thousand) is imposed upon them, to be deposited before the DLSA, Nagaon. The petitioners to appear before the Tribunal on 03.03.2023, after payment of the cost.

¶29

Writ petition stands disposed of in the above terms.

¶30

JUDGE JUDGE

¶31

Comparing Assistant

Santosh Biswas @ Santosh Das and Anr. v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Santosh Biswas @ Santosh Das and Anr. v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Abhhijit Sarmah Vs Union of India and 6 Ors.

Abhijit Sarma and Anr. Vs the State of Assam and 2 Ors.

Mamoni Baidya Vs Union of India and 5 Ors.

Hasna Bhanu @ Hasena Bhanu @ Khatun Vs the Union of India and 6 Ors.

Majeda Begum Vs the Union of India and 5 Ors.

Jaruna Begum@Jorina Begum Vs the Union of India and 6 Ors.