Remanded

Shyamala Arjya @ Shyamala Bala Arjya v. the Union of India and 5 Ors.

Gauhati HC8 May 2023WP(C)/1836/2017

Case brief

AI extract

What is this about?

The Gauhati High Court interfered with an ex-parte order passed by the Foreigners Tribunal against the petitioner for non-appearance. The matter was remanded for fresh adjudication, but a penalty cost of Rs. 1000 was imposed on the petitioner before she could appear.

What did the court decide?

The ex-parte order was quashed and the matter remanded to the Foreigners Tribunal for fresh adjudication upon payment of a cost of Rs. 1000.

Shyamala Arjya @ Shyamala Bala Arjya Vs the Union… — Writ and Judicial Review | Gauhati HC (2023)

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GAHC010194512017

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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)/1836/2017

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SHYAMALA ARJYA @ SHYAMALA BALA ARJYA W/O LT. SHANTI RANJAN ARJYA D/O LT. GANGA RAM ARJYA R/O VILLNO. 1 JARAGURI, P.O. GERUKABARI P.S. MANIKPUR, DIST. BONGAIGAON, ASSAM

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VERSUS

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THE UNION OF INDIA and 5 ORS

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REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME DEPARTMENT, NEW DELHI

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2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMNET DISPUR GUWAHATI-6

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3:SUPERINTENDENT OF POLICE B BONGAIGAON ASSAM

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4:DEPUTY COMMISSIONER

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BONGAIGAON DIST. BONGAIGAON ASSAM

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5:SRI ARUN KUMAR DEKA

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ADVOCATE BONGAIGAON BAR ASSOCIATION DIST. BONGAIGAON PIN - 783121

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6:SRI GURURAJ CHHETRI

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ADVOCATE

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BONGAIGAON BAR ASSOCIATION DIST. BONGAIGAON PIN - 78312

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Advocate for the Petitioner : MR. S ALAM

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Advocate for the Respondent :

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

ORDER

08.05.2023

(AM Bujor Barua, J)

Heard Ms. D Ghosh, learned Amicus Curiae for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as for the authorities under the NRC, Mr. G Sarma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam as well as the Superintendent of Police (B) Bongaigaon and Ms. U Das, learned Government Advocate for the Deputy Commissioner, Bongaigaon.

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The petitioner Shyamala Arya @ Shyamala Bala Arya was referred to the Foreigners Tribunal No.1 Bongaigaon for rendering an opinion as to whether she is a person who had entered the State of Assam on or after 25.03.1971. Consequent thereof, BNGN/FT/Case No.02/08 corresponding to I/C Ref. No.11399/87 was registered against her. Although the petitioner received notice and appeared before the Tribunal initially, but on the subsequent dates, on her

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own volition and without any acceptable cause had refrained from appearing before the Tribunal which resulted in the ex-parte order dated 06.10.2016 in BNGN/FT/Case No.02/08.

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For the interest of justice, we interfere with the ex-parte order dated 06.10.2016 and remand the matter back to the Foreigners Tribunal No.1 Bongaigaon for an adjudication on its own merit. The petitioner to appear before the Tribunal on 16.06.2023.

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But, however, as we do not find any legal infirmity in the ex-parte order dated 06.10.2016 in BNGN/FT/Case No.02/08, inasmuch as, the petitioner herself refrained from appearing in the Tribunal without any acceptable reason, a cost of Rs.1000/- is imposed on the petitioner to be paid before the District Legal Services Authority Bongaigaon and the petitioner would be allowed to appear before the Tribunal only upon showing the proof of payment of the cost being paid.

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Writ petition stands disposed of in the above terms.

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Comparing Assistant

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JUDGE JUDGE

Shyamala Arjya @ Shyamala Bala Arjya v. the Union of India and 5 Ors.

Case brief

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Shyamala Arjya @ Shyamala Bala Arjya v. the Union of India and 5 Ors.

Case brief

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