RAM BISWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P.C. Dey, learned counsel for the review petitioner. Also heard Ms. G. Hazarika, learned counsel representing respondent no. 1 and Mr. A. Kalita, learned counsel representing respondent nos. 2, 3 and 4.

(2.) The petitioner seeks review of the order dated 25.04.2019 passed in the writ petition, W.P.(C) No. 2790/2017 whereby challenge made to the order/opinion dated 21.11.2016 passed by the Foreigners Tribunal, (2nd), Nagaon in F.T. Case No. 415/2011 was rejected.

(3.) The review of the order dated 25.04.2019 is sought for by stating that in the written statement filed before the Foreigners Tribunal as well as in the writ petition, it was specifically stated that the petitioner's father, 'Late Guru Dayal Biswas' came to India/Assam in the year 1963 from East Pakistan due to civil disturbance which took place there and fear of religious persecution and his father had settled at Village - Sutipara and his name was recorded in the voter lists of 1965, 1970, 1997, etc. As such, he being the son of 'Late Guru Dayal Biswas', is entitled to the protection under the provision of Order 3A of the Foreigners Order, 1948, as amended in 2015 w.e.f. 08.09.2015. Having regard to the above, the petitioner seeks review on the primary ground that while passing the order dated 25.04.2019, this Court did not take into consideration that aspect of the matter. The said ground of challenge is reproduced hereunder for ready reference :