(1.) Heard Mr. A. Matin, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent No.1 being the Union of India, Mr. J. Payeng, learned counsel for the Home Department of Government of Assam being the respondent No.2, 4 and 5 and Ms. U. Das, learned Advocate for the respondent No.3 being the Deputy Commissioner, Goalpara.
(2.) The petitioner, namely, Khudeja Khatun was referred to the Foreigners' Tribunal No.4, Goalpara for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory on or after 25/3/1971, resulting in registration of F.T. Case No.306/2015. The Tribunal rendered an opinion dtd. 30/1/2017, that the petitioner is a foreigner. Being aggrieved this Writ Petition being instituted.
(3.) The petitioner before the Writ Court relies on the Voters List of 1966 of Village (315) Deudhuturi, Police Station Lakhipur, Circle Balijana in Goalpara District, which contains the name of Fajal Hoque, son of Manir Uddin at Sl. No.45 and that of Sakina Khatun, wife of Fajal Hoque at Sl. No.51. The petitioner thereupon relies upon the Voters List of 1985 of Village (Ka) 315 Deudhuturi, Police Station Goalpara, Circle Balijana in Goalpara District, which contains the name of Sakina Khatun Bewa, wife of Fajal Hoque at Sl. No.71 and that of Rajab Ali, son of Fajal Hoque at Sl. No.72. Both Sakina Khatun Bewa and Rajab Ali are shown to be residing in the same House No.16.