MAHADEV HALDER Vs. STATE OF ASSAM AND ANOTHER

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction of this Court challenging the legality and validity of the order dated 7.11.2008 passed by the Foreigners' Tribunal Dibrugarh in F.T. Case No. 21/2006 declaring him to be a foreigner entering into Assam after the cut off date, i.e. 25.3.1971.

(2.) The instant litigation has a chequred history. The case against the petitioner was first registered under the then IM(D) T Act, 1985. The case was registered IMDT Case No. 1447/01. By the judgment and order dated 16.3.2002, the petitioner was declared as an illegal migrant. Aggrieved. the petitioner preferred an appeal before the Appellate Tribunal and the Appellate Tribunal also confirmed the order of the earlier Tribunal. Thereafter, the petitioner approached this Court by filing a writ petition being W.P. (C) No. 6988/02 and the same was dismissed by order dated 12.11.2002. Aggrieved, the petitioner preferred a writ appeal being WA No. 27/2003. The appeal was allowed by judgment and order dated 6.8.2003 remanding the matter back to IM (D) T, Dibrugarh to proceed further in the matter after giving opportunity to the petitioner to produce evidence.

(3.) After the aforesaid order in the writ appeal, the petitioner appeared Before The I,M(D)T by filing his written statement inter alta contending that he is an indian citizen by birth and born and brought up at village Goraimari under Khowang Police Station and that his parents were Ghatak Halder and Haridash. As per the written statement, they had migrated to West Bengal in 1970 from erstwhile East Pakistan and started residing at Khidipur in the District of West Dinajpur. West Bengal. His father occupied a plot of land as a "Rayat" covered under G.L. No. 89, Khatian No. 508, Touji No. 15. In support of such a claim, a document stated to be of 07.07.70 was enclosed with the written statement.