Partly allowed

Ranjit Barman v. the Union of India and 5 Ors.

Gauhati HC10 Feb 2023WP(C)/3709/2019

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition regarding an ex-parte order by the Foreigners Tribunal. The court remanded the matter for a fresh adjudication on merits and imposed a cost on the petitioner for non-appearance.

What did the court decide?

Matter remanded to Foreigners Tribunal No.1 Barpeta; petitioner ordered to appear on 21.03.2023 and pay cost of Rs.3000/- before appearing.

Ranjit Barman Vs the Union of India… — Constitutional and Fundamental Rights | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010123792019

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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)/3709/2019

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RANJIT BARMAN

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S/O. LT. DILIP BARMAN, VILL. MASUAGAON, P.O. SIMLAGURI, P.S. GOBARDHANA, DIST. BAKSA, ASSAM, PIN-781313.

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VERSUS

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THE UNION OF INDIA AND 5 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-01.

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2:THE STATE OF ASSAM REP. BY COMM. AND SECY. TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPTT. DISPUR GUWAHATI-781006.

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3:THE DY. COMMISSIONER

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BAKSA P.O. MUSHALPUR DIST. BAKSA ASSAM PIN-781313.

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4:THE SUPDT. OF POLICE (B)

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BAKSA P.O. MUSHALPUR DIST. BAKSA ASSAM PIN-781313.

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Page No.# 2/3

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5:THE ELECTION COMMISSIONER OF INDIA

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NEW DELHI-01.

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6:THE STATE CO-ORDINATOR

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NATIONAL REGISTER OF CITIZENS (NRC) ASSAM BHANGAGARH GUWAHATI-05

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Advocate for the Petitioner : MR. S Ali

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

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

ORDER

10.02.2023

(AM Bujor Barua, J)

Heard Mr. S Ali, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of the respondents in the Union of India as well as for the authorities under the NRC, Ms. U Das, learned Government Advocate for the Deputy Commissioner Baksa, Mr. A I Ali learned counsel for the Election Commission of India and Ms. A Verma, learned Special Counsel Foreigners Tribunal for the authorities under the Home Department, Government of Assam as well as the Superintendent of Police (B) Baksa.

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The petitioner Ranjit Barman was referred to the Foreigners Tribunal No.1 Barpeta for an opinion as to whether he is a person who had entered the State

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of Assam subsequent to 25.03.1971. Although the petitioner received notice and appeared before the Tribunal, but on the subsequent dates, on his own volition he refrained from appearing before the Tribunal which resulted in the ex-parte order dated 25.01.2008 in F.T. Case No.115/07(B) of F.T. Ref. No.838/02.

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For the interest of justice, we remand the matter back to the Foreigners Tribunal No.1 Barpeta for an adjudication on its own merit. The petitioner to appear before the Tribunal on 21.03.2023.

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But for the latches on the part of the petitioner in not appearing before the Tribunal, a cost of Rs.3000/- is imposed on the petitioner to be paid before the Legal Services Authority Barpeta 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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JUDGE JUDGE

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Comparing Assistant

Ranjit Barman v. the Union of India and 5 Ors.

Case brief

What is this about?

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Ranjit Barman v. the Union of India and 5 Ors.

Case brief

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