STATE OF MEGHALAYA Vs. NITYANANDA MALIK

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 15.05.2014 as passed in WP(C) No. 235 of 2010, whereby the learned Single Judge of this Court has allowed the writ petition filed by the private respondents of this appeal and has directed the appellants as also the Government of India to accord proper rehabilitation to the writ petitioners and not to disturb their citizenship; has also directed the Deputy Commissioner, Ri Bhoi District, Meghalaya to return the citizenship certificates of the writ petitioners within one week; and has yet further directed that the names of the writ petitioners be enrolled in the electoral roll.

(2.) The claim of the writ petitioners for citizenship rights had been based on the submissions that their parents migrated to India from Bangladesh in the year 1971; that they were born and brought up in India; and that they were issued citizenship certificates by the District Authorities of Kamrup District of the State of Assam (the authorities then having the jurisdiction over the area of alleged habitation of the writ petitioners). The learned Single Judge has allowed the writ petition while observing and directing as under:

(3.) It is essentially contended on behalf of the appellants that the learned Single Judge has allowed the writ petition without adjudication on the basic issues involved in the matter; and that the record relating to the certificates alleged to have been issued from Kamrup District is not even available.