LAWS(GAU)-2023-3-99

ARJUN HAWALDAR Vs. UNION OF INDIA

Decided On March 20, 2023
Arjun Hawaldar Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. AT Sarkar, learned counsel for the petitioner. Also heard Ms. P. Swargiary, learned counsel for the respondent No.1 being the Union of India, Mr. G. Sarma, learned Counsel appearing for the Home Department of Government Assam being the respondent No.2 and 4 and Ms. K. Phukan, learned Advocate for the respondent No.3 being the Deputy Commissioner, Goalpara.

(2.) This Review Petition is instituted by petitioner, namely, Arjun Hawaldar, being aggrieved by an order dtd. 4/4/2017, rendered in Writ Petition (C) No.1780/2017. The said Writ Petition was filed by the petitioner against the opinion of the Foreigners Tribunal, Goalpara dtd. 17/5/2019, in the F.T. Case No.1516/G/2008.

(3.) In the Review Proceeding, the petitioner relies upon the Voters List of 1965 of Village 3 No. Toplakhowa in Goalpara District, which contains the name of Chakicharan Hawaldar, son of Narayan Hawaldar at Sl. No.26. The petitioner thereupon relies upon the Voters List of 1970 of Village Toplakhowa, Mouza Dudhnoitehsil of Goalpara District, which contains the name of Sokicharan Hawaldar, son of Late Narayan Hawaldar at Sl. No.26 and that of Ramlal Hawaldar, son of Sokicharan Hawaldar at Sl. No.30. The petitioner claims that Ramlal Hawaldar, son of Sokicharan Hawaldar of Voters List of 1970 is his father. To substantiate the same, the petitioner relies upon the Voters List of 1989 of Village Toplakhowa, Mouza Dudhnoitehsil of Goalpara District, which contains the name of Ramlal Hayaldar, son of late Sathicharan Hayaldar at Sl. No.57 and that of Arjun, son of Ramlal at Sl. No.59.