Disposed

Suria Khatun v. the Union of India and 8 Ors.

Gauhati HC13 Aug 2024I.A.(Civil)/2200/2024

Case brief

AI extract

What is this about?

Interlocutory application in a foreigners-tribunal writ to add the omitted Foreigner's Tribunal case number and Tribunal name to an earlier High Court order. The Court allowed the prayer, clarifying the writ assails the FT Bajali order, and directed the applicant to appear before SP (Border), Barpeta.

What did the court decide?

Prayer allowed: clarification that the writ assails FT Bajali order dated 14.10.2022 in F.T. Case No. 380/2017; applicant to appear before SP (Border), Barpeta by 28.08.2024.

Suria Khatun Vs the Union of India and 8 Ors. — Writ and Judicial Review | Gauhati HC (2024)

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GAHC010140902024

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

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Case No. : I.A.(Civil)/2200/2024

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SURIA KHATUN

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D/O- LATE IYAD ALI, W/O- ABDUL KASHEM, VILL- KALJAR, P.S. HOWLY, P.O. BETBARI, DIST.- BARPETA, ASSAM, PIN- 781316

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VERSUS

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THE UNION OF INDIA AND 8 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, DEPARTMENT OF HOME, NEW DELHI-1

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2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI-6 3:THE DISTRICT COMMISSIONER BARPETA PIN- 781301 4:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA PIN- 781301 5:THE DISTRICT COMMISSIONER BAJALI PIN- 781325 6:THE SUPERINTENDENT OF POLICE (BORDER) BAJALI PIN- 781325 7:THE ELECTION COMMISSION GOVT. OF INDIA NEW DELHI-1

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8:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION (NRC) ASSAM HOUSE FED 2ND FLOOR GUWAHATI- 3

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Advocate for the Petitioner : MR. A ROSHID, MS. T BEGUM

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Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ELECTION COMMISSION.,GA, ASSAM

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Linked Case : WP(C)/614/2024

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SURIA KHATUN D/O- LATE IYAD ALI W/O- ABDUL KASHEM VILL- KALJAR P.S. HOWLY P.O. BETBARI DIST.- BARPETA ASSAM PIN- 781316 VERSUS THE UNION OF INDIA AND 8 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA DEPARTMENT OF HOME NEW DELHI-1 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI-6 3:THE DISTRICT COMMISSIONER BARPETA PIN- 781301 4:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA PIN- 781301 5:THE DISTRICT COMMISSIONER BAJALI

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PIN- 781325

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6:THE SUPERINTENDENT OF POLICE (BORDER) BAJALI PIN- 781325 7:THE ELECTION COMMISSION GOVT. OF INDIA NEW DELHI-1

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8:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION (NRC) ASSAM HOUSE FED 2ND FLOOR GUWAHATI- 32 -----------Advocate for : MR. A ROSHID Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 8 ORS

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 14.08.2024 (K.R. Surana, J)

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Heard Mr. A. Roshid, learned counsel for the applicant. Also heard Ms. K. Phukan, learned CGC appearing for respondent nos.1 and 8; Mr. G. Sarma, learned standing counsel for the Home Department representing respondent nos.2, 4 and 6; Mr. P. Sarma, learned Govt. Advocate representing respondent nos.3 and 5.

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As the opposite party no.9 is not a party in WP(C) 614/2024, the name of the said opposite party is struck off.

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By filing this interlocutory application, the applicant, who is the writ petitioner in WP(C) 614/2024 has prayed for including the reference to F.T. Case No. 380/2017, which was disposed of by the Member, Foreigner’s Tribunal, Bajali in the order dated 06.05.2024, passed by this Court in WP(C) 614/2024. It is

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projected that when the applicant had appeared before the Superintendent of Police (Border), Barpeta, the bail of the applicant was not accepted as there was no mention of the F.T. case number.

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Upon hearing the learned counsel appearing for the respondents, as the reference to the F.T. case number and the name of the Tribunal that has passed the opinion is inadvertently left out in the order dated 06.05.2024, passed in WP(C) 614/2024, the prayer made in this application is allowed.

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Accordingly, it is clarified that in WP(C) 614/2024, the applicant has assailed the order dated 14.10.2022, passed by the learned Member, Foreigner’s Tribunal, Bajali in F.T. Case No. 380/2017.

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This order shall be read together with order dated 06.05.2024, passed in WP(C) 614/2024 as well as order dated 21.06.2024, passed in I.A.(Civil) 1713/2024.

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This interlocutory application stands disposed of with clarification as mentioned hereinbefore.

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The applicant shall now appear before the Superintendent of Police (Border), Barpeta within 28.08.2024.

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JUDGE

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JUDGE

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Comparing Assistant

Suria Khatun v. the Union of India and 8 Ors.

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Suria Khatun v. the Union of India and 8 Ors.

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