ZELEKHA KHATUN Vs. NION OF INDIA

JUDGEMENT

(1.) Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Ms. L. Devi, learned Central Government Counsel, appearing on behalf of respondent No. 1; Mr. G. Sarma, learned Standing Counsel, Foreigners' Tribunal, appears for respondent Nos. 2, 4 and 5 as well as Mr. P. Sarma, learned Government Advocate appearing on behalf of respondent No. 3.

(2.) This is an application under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus and/or certiorari and/or any other appropriate order or orders in the like nature.

(3.) The brief facts of this case is that the Superintendent of Police (Border), Goalpara, made a reference to the Foreigners' Tribunal, Goalpara, to know as to whether the petitioner is a foreigner or not and accordingly, a reference case, being F.T. Case No. 4386/G/2011, has been registered, before the Foreigners' Tribunal No. 1, Goalpara, Assam. It is stated that the actual name of the petitioner is Julekha Khatun, w/o Mannaf Ali, but in the notice dtd. 29/12/2016, her name has been written as Jelekha Khatun, w/o Md. Mannaf Ali, and accordingly, she refused to receive the notice as her name is written wrongly in the notice. However, the process server served the notice on the petitioner saying that she is the same person and she accordingly received the notice. After receiving the notice, she appeared before the Tribunal and contested the case by filing her Written Statement. The petitioner also adduced 3 (three) witnesses in support of her case. But she could not obtain the certified copy of the evidence of the witnesses as the Tribunal refused to supply the certified copies to the petitioner.