Dismissed

Md. Sultan Khan v. Union of India and 5 Ors.

Gauhati HC6 Aug 2024WP(C)/1203/2024

Case brief

AI extract

What is this about?

This petition, filed under Article 226, sought quashing of a Foreigners' Tribunal opinion declaring the case maintainability-defective and remitted to the Appellate Authority. The petitioner withdrew the petition during hearing, acknowledging alternative remedies exist, leading the Court to dismiss it.

What did the court decide?

Writ petition stands dismissed on withdrawal of the petition.

Md. Sultan Khan Vs Union of India and 5 Ors. — Quashing and FIR | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010042552024

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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)/1203/2024

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MD. SULTAN KHAN

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S/O MD. NABIN KHAN, R/O WARD NO. 10, DHEKIAJULI, DIST- SONITPUR, ASSAM

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VERSUS

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UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-110006

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2:STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6

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3:ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001

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4:STATE COORDINATOR OF NATIONAL REGISTRAR OF CITIZENSHIP (NRC) ASSAM BHANGAGARH G.S. ROAD GUWAHATI-3

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5:THE DEPUTY COMMISSIONER DISTRICT-SONITPUR ASSAM

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6:THE SUPERINTENDENT OF POLICE (B) DISTRICT-SONITPUR ASSA

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Advocate for the Petitioner : MR. D K BAGCHI, MS. N A CHETIA

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Advocate for the Respondent : DY.S.G.I., MRS S BARUAH(CGC),SC, F.T,GA, ASSAM

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BEFORE

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

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ORDER

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Date : 07.08.2024

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[K.R. Surana, J]

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Heard Mr. D.K. Bagchi, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC representing respondent Nos. 1 and 4; Mr. G. Sarma, learned Standing Counsel, Home Department representing respondent Nos. 2 and 6 and Mr. H.K. Hazarika, learned Government Advocate representing respondent No.5 and Mr. A.I. Ali, learned Standing Counsel, Election Commission of India representing respondent No.3.

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By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for setting aside and quashing the opinion dated 15.02.2022 passed by the learned Member Foreigners’ Tribunal (9^th ), Dhemaji, Sonitpur in F.T.(9) Case No.609/2017. As the learned Member, Foreigners’ Tribunal (9^th ), Dhemaji, Sonitpur has returned the finding that the case is not maintainable and the matter was returned to the Appellate Authority, the learned counsel for the petitioner seeks to withdraw this writ petition.

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Nevertheless, it would be open to the petitioner to seek remedy for any other issue before the competent authorities, if so advised.

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Accordingly, this writ petition stands dismissed on withdrawal.

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Records received from the Foreigners’ Tribunal (9^th ), Dhemaji, Sonitpur be returned back.

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JUDGE JUDGE

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Comparing Assistant

Md. Sultan Khan v. Union of India and 5 Ors.

Case brief

What is this about?

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Md. Sultan Khan v. Union of India and 5 Ors.

Case brief

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