SURAJ GUPTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.R. Skidder learned counsel for the petitioner. Also heard Mr. M. Bhagabati, learned CGC. I have also heard Mrs. B. Datta, learned State Counsel.

(2.) By means of this writ petition filed in 2013 (to be precise on 03.05.2013), the petitioner seeks to challenge the orders passed by the then IM(D)T Barpata more than 8 years back. The sade orders are dated 11.02.05 and 07.04.2005 passed in IM(D)T ,case No. 2556/2003. Admittedly, on receipt of notice, the petitioner did not respond to the proceeding before the Tribunal. Accordingly the Tribunal passed order for exparte hearing in which the Local Verification Officer was examined by the state. The LVO in his deposition referring to the investigation carried out by him in respect of the suspicion regarding the citizenship of the petitioner, in his deposition stated that during enquiry, the petitioner failed to submit any relevant document supporting his nationality. Accordingly,he submitted Report (Ext.1) with his signature (Ext.11).

(3.) By the first impugned order dated 11.02.2005 the Tribunal held the petitioner to be an illegal migrant. After the aforesaid exparte order, the petitioner filed an application for setting aside the exparte order. The ground assigned in the said application was that he could not appear before the Tribunal due to flood. On perusal of the record it appears that the notice was served on the petitioner in August, 2004 as recorded in the order dated 04.08.2004. However the petitioner did not appear and accordingly the matter was adjourned to 17.09.2004. On 17.09.2004 also the petitioner did not appear. However , the learned Tribunal fixed the matter on 02.11.2004, on which date also the petitioner did not appear. Thereafter, the matter was again fixed on 20.12.2004 and 21.01.2005 and on both the dates the petitioner did not appear. Thus, the plea of the petitioner that he could not appear due to flood is not at all tenable. In the month of November and December there is no question of flood in Assam.