Allowed

Md. Mantaz Ali @ Momtaz Ali v. the Union of India and 3 Ors.

Gauhati HC17 Nov 2024I.A.(Civil)/3377/2024

Case brief

AI extract

What is this about?

Junior Single Judge allowed an interlocutory application seeking extension of time to appear before the Superintendent of Police (Border). Extension of 10 days granted subject to depositing Rs. 1000 as cost for delay.

What did the court decide?

Extension of 10 days to appear before Superintendent of Police (Border) granted, provided deposit of Rs. 1000 as cost for delay.

Md. Mantaz Ali @ Momtaz Ali Vs the Union of… — Civil Procedure and Limitation | Gauhati HC (2024)

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GAHC010226492024

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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)/3377/2024

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MD. MANTAZ ALI @ MOMTAZ ALI S/O- LATE MONSUR ALI, RESIDENT OF VILLAGE- KHOLOPIA, P.S.-MIKIRBHETA, DISTRICT- MORIGAON, ASSAM.

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VERSUS

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THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, JAISALMER HOUSE, 26, MANSINGH ROAD, NEW DELHI- 110001.

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2:THE STATE OF ASSAM REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME DISPUR GUWAHATI- 781006. 3:THE SUPERINTENDENT OF POLICE (BORDER) MORIGAON DISTRICT- MORIGAON ASSAM PIN- 782105.

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4:THE ELECTION OFFICER MORIGAON DISTRICT- MORIGAON ASSAM PIN- 782105

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Advocate for the Petitioner : MR. U DUTTA, MR. B. KUMAR,B DUTTA

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Page No.# 2/4

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

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Linked Case : WP(C)/5130/2022

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MD. MANTAZ ALI @ MOMTAZ ALI S/O- LATE MONSUR ALI

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RESIDENT OF VILLAGE- KHOLOPIA

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P.S.-MIKIRBHETA DISTRICT- MORIGAON ASSAM.

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VERSUS

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THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS JAISALMER HOUSE 26 MANSINGH ROAD NEW DELHI- 110001. 2:THE STATE OF ASSAM REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME DISPUR GUWAHATI- 781006. 3:THE SUPERINTENDENT OF POLICE (BORDER) MORIGAON DISTRICT- MORIGAON ASSAM PIN- 782105. 4:THE ELECTION OFFICER MORIGAON DISTRICT- MORIGAON ASSAM PIN- 782105. ------------

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Page No.# 3/4

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Advocate for : MR. U DUTTA Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS

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BEFORE

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HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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18.11.2024

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( K.R. Surana, J .)

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Heard Mr. B. Dutta, learned counsel for the applicant. Also heard Mr. B. Deka, learned CGC appearing for the respondent No.1; Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal appearing for the respondent Nos. 2 and 4; and Mr. P. Sarmah, learned Government advocate appearing for the respondent No.3.

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By filing this interlocutory application, the applicant is seeking extension of time to appear before the Superintendent of Police (Border), Morigaon in terms of order dated 10.08.2022 passed in WP(C) 5130/2022. 3. The learned Standing Counsel for the FT matters has opposed the prayer made in this application on the ground that the delay is not properly explained.

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Although the fault lies with the applicant for not appearing before the Superintendent of Police (Border), Morigaon within the time allowed, nonetheless, the Court is reluctantly inclined to allow this application by extending 10 (ten) days time from the date of the order for the applicant to appear before the Superintendent of Police (Border), Morigaon.

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On such appearance, the Superintendent of Police (Border), Morigaon shall do the needful in terms of order dated 10.08.2022 passed in WP(C) 5130/22.

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It is further provided that in the event the applicant does not appear before the said authority within 10 (ten) days time as extended, this order shall stand lapsed and revoked after 1 (one) week and it would be open to the concerned authorities to take the applicant into custody.

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In the meanwhile, the applicant shall deposit a sum of Rs. 1000/(One thousand rupees only) before the District Legal Service Authority, Morigaon as cost for delay in compliance of the order of the Court dated 10.08.2022, passed in WP(C) 5130/2022, which shall be a condition precedent for the extension of time and the applicant shall produce a receipt of acknowledgment of such cost to the Superintendent of Police (Border), Morigaon, along with a certified copy of this order.

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In terms of the above, this interlocutory application stands allowed and disposed of.

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JUDGE JUDGE

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Comparing Assistant

Md. Mantaz Ali @ Momtaz Ali v. the Union of India and 3 Ors.

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Md. Mantaz Ali @ Momtaz Ali v. the Union of India and 3 Ors.

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