Writ petitions relating to NRC/Foreigners Tribunal proceedings were closed as no representation appeared for petitioners and tribunal references were already pending; no orders were passed on merits.
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.
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GAHC010216922018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6951/2018
MOTILAL SAYNNAL AND ANR.
S/O- LT GAJENDRA SAYNNAL@RAY, BY RELIGION HINDU, A PERMANENT R/O- VILL- DAIRABARI, P.O. SARUTAPA, P.S. BARPETA, DIST- BARPETA, ASSAM
2: MEGHLAL SAYNNAL S/O- LT GAJENDRA SAYNNAL@RAY BY RELIGION HINDU A PERMANENT R/O- VILL- DAIRABARI P.O. SARUTAPA P.S. BARPETA DIST- BARPETA ASSA
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECY. OF THE MINISTRY OF HOME AFFAIRS, UNION OF INDIA, NEW DELHI
2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6
3:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI
4:THE STATE CO-ORDINATOR OF NATIONAL REGISTER OF CITIZENS
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ASSAM 1ST FLOOR ACHYUT PLAZA GHY SHILLONG ROAD BHANGAGARH GHY ASSAM PIN- 781005 5:THE DY. COMMISSIONER BARPETA PIN- 781301 6:THE SUPERINTENDENT OF POLICE (B) BARPET
Advocate for the Petitioner : MR B SARKAR, MS. P BASFORE
Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, ELECTION COMMISSION.,SC, F.T
Linked Case : WP(C)/6918/2018
ANITA MANDAL @ ROY D/O- LT SHANTIRAM RAY AND W/O- SRI HARIPAD MANDAL RELIGION HINDU AND A PERMANENT R/O- VILL- DAIRABARI PO SARUTAPA P.S. BARPETA DIST- BARPETA ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECY. OF THE MINISTRY OF HOME AFFAIRS UNION OF INDIA NEW DELHI 2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6
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3:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI 4:THE STATE CO-ORDINATOR OF NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA GHY SHILLONG ROAD BHANGAGARH GHY ASSAM PIN- 781005 5:THE DY. COMMISSIONER BARPETA PIN- 781301 6:THE SUPERINTENDENT OF POLICE (B) BARPETA -----------Advocate for : MR B SARKAR Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS.
Linked Case : WP(C)/6898/2018 SATTA CHARAN SARKAR AND ANR. S/O LATE BRINDABAN SARKAR @ NAMODAS BY RELIGION- HINDU AND A PERMANENT RESIDENT OF VILLDAIRABARI P.O. SARUTAPA P.S. BARPETA DIST. BARPETA ASSAM 2: BHAIGYA SARKAR W/O SATTA CHARAN SARKAR AND D/O LATE PHANINDRA BISWAS BY RELIGION- HINDU AND A PERMANENT RESIDENT OF VILLDAIRABARI P.O. SARUTAPA P.S. BARPETA
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DIST. BARPETA ASSAM. VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECRETARY OF THE MINISTRY OF HOME AFFAIRS UNION OF INDIA NEW DELHI.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI - 781006.
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI.
4:THE STATE CO-ORDINATOR OF NATIONAL REGISTER OF CITIZENS
ASSAM 1ST FLOOR ACHYUT PLAZA GUWAHATI SHILLONG ROAD
BHANGAGARH GUWAHATI ASSAM PIN - 781005. 5:THE DEPTY COMMISSIONER BARPETA PIN - 781301.
6:THE SUPERINTENDENT OF POLICE (BORDER)
BARPETA.
-----------Advocate for : MR B SARKAR Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS.
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Linked Case : WP(C)/6755/2018
PHANINDRA SARKAR AND ANR. S/O- LATE MAKHAN SARKAR @ RAY@ NAMODAS PERMANENT R/O- VILL- DAIRABARI P.O- SARUTAPA P.S- BARPETA DIST- BARPETA ASSAM 2: SAMALA SARKAR W/O- PHANINDRA SARKAR D/O- LATE JUREN MANDAL PERMANENT R/O- VILL- DAIRABARI P.O- SARUTAPA P.S- BARPETA DIST- BARPETA ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REP. BY THE SECRETARY OF THE MIN OF HOME AFFAIRS UNION OF INDIA NEW DELHI 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR GUWAHATI- 781006 3:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI 4:THE STATE COORDINATOR NRC ASSAM 1ST FLOOR ACHYUT PLAZA GUWAHATI SHILONG ROAD BHANGAGARH GUWAHATI
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ASSAM PIN- 781005 5:THE DEPUTY COMMISSIONER BARPETA PIN- 781301
6:THE SUPERINTENDENT OF POLICE(B) BARPETA
-----------Advocate for : MR B SARKAR Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS
Linked Case : WP(C)/6848/2018
SABITA SARKAR DAUGHTER OF LATE JOGENDRA SAYNNAL @ JOGESH AND WIFE OF SRI TUSTA SARKAR RELIGION- HINDU AND A PERMANENT RESIDENT OF VILLAGEDAIRABARI P.O.- SORUTAPA P.S. BARPETA DIST. BARPETA ASSAM.
VERSUS
THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY OF THE MINISTRY OF HOME AFFAIRS UNION OF INDIA NEW DELHI.
2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 781006.
3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI.
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4:THE STATE CO-ORDINATOR OF NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA GUWAHATI SHILLONG ROAD BHANGAGARH GUWAHATI ASSAM PIN- 781005. 5:THE DEPUTY COMMISSIONER BARPETA PIN- 781301. 6:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA. -----------Advocate for : MR B SARKAR Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS.
Linked Case : WP(C)/6857/2018 AMA BALA MANDAL D/O- LT DAYAL SARKAR AND W/O- LT HARMOHAN MANDAL RELIGION HINDU AND A PERMANENT R/O- VILL- DAIRABARI P.O. SARUTAPA P.S. BARPETA DIST- BARPETA ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS UNION OF INDIA NEW DELHI 2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6 3:THE ELECTION COMMISSION OF INDIA
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REP. BY THE CHIEF ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI 4:THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA GHY SHILLONG ROAD BHANGAGARH GHY ASSAM PIN- 781005
5:THE DY. COMMISSIONER BARPETA PIN- 781301
6:THE SUPERINTENDENT OF POLICE (B) BARPETA
-----------Advocate for : MR B SARKAR Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS.
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
11-09-2024
None appears for the petitioner on call whereas Shri A. Ali, learned Standing Counsel, ECI is present.
Even on the last occasion, there was no representation on behalf of the petitioner and the submission of Shri Ali, the learned counsel was recorded in the following manner:-
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the learned Tribunal.
Be that as it may, in absence of the learned counsel for the petitioners, no orders are passed on merits and a further opportunity is granted. List these matters on Wednesday next, i.e., 11.09.2024.”
In view of the aforesaid developments regarding the institution of FT Cases in respect of the petitioner, no effective purpose would be served by pendency of these writ petitions.
Accordingly, the petitions are closed.
The written instruction dated 31.10.2018 placed before this Court by Shri Ali, the learned counsel is made part of the records.
JUDGE
Comparing Assistant
1 issue framed by the court
Should the writ petitions be closed in view of pending references before the Foreigners Tribunal?
Motilal Saynnal and Anr.
The Union of India and 5 Ors.
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
