In this writ petition challenging an order declaring the petitioner a foreigner, the court dismissed the petition for non-prosecution due to the petitioner's failure to appear on multiple listing dates despite counsel names being reflected in the cause list.
The writ petition stands dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010279542019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8575/2019
SUMAN DAS
S/O- KSHITISH DAS, VILL. SANTOSH NAGAR, P.O. RAKHAL BASTI, P.S. AND DIST.- HAILAKANDI, ASSAM.
VERSUS
THE STATE OF ASSAM AND 7 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, HOME DEPTT., DISPUR, GHY.-06.
2:THE UNION OF INDIA REP. BY THE SECY. HOME DEPTT. NEW DELHI INDIA.
3:THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN BHAWAN NEW DELHI.
4:THE STATE ELECTION COMMISSIONER OF ASSAM DISPUR GHY.-06.
5:THE STATE COORDINATOR NATIONAL REGISTRAR OF CITIZENS (NRC) ASSAM GHY.
6:THE DY. COMMISSIONER CUM RETURNING OFFICER DIST. CACHAR ASSAM
Page No.# 2/3
7:THE SUPDT. OF POLICE HAILAKANDI DISTRICT P.O. P.S. AND DIST. HAILAKANDI ASSAM. 8:THE SUPDT. OF POLICE (B) HAILAKANDI DISTRICT P.O. P.S. AND DIST. HAILAKANDI ASSAM
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
10-11-2023
(U. K. Nair, J)
The petitioner by way of instituting the present proceeding has assailed the order dated 08.01.2019, passed in F.T. Case No. 14/2017 by the learned Member, Foreigners’ Tribunal, Hailakandi, Assam declaring the petitioner to be a foreigner, who had entered into India from Bangladesh on or after 25.03.1971.
None appears for the petitioner in spite of the fact that names of three counsels have been reflected in the cause list.
On perusal of the order sheets, it is found that on last two occasions i.e., on 06.05.2020 and 06.10.2023, none had appeared on behalf of the petitioner.
In view of the above position, there being none to press this writ petition and the same
Page No.# 3/3
being the case on the last two dates of listing, the petitioner seems to have lost interest and accordingly, we are of the view that this petition requires to be dismissed for non-prosecution.
Accordingly, this writ petition stands dismissed for non-prosecution.
JUDGE JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition deserves to be prosecuted given the petitioner's absence on listing dates.
SUMAN DAS
THE STATE OF ASSAM
THE UNION OF INDIA
THE CHIEF ELECTION COMMISSIONER OF INDIA
THE STATE ELECTION COMMISSIONER OF ASSAM
THE DY. COMMISSIONER CUM RETURNING OFFICER DIST. CACHAR ASSAM
MANASH RANJAN PATHAK
N. UNNI KRISHNAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
