RAHIM ALI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE petitioner, who has been declared to be a foreigner (illegal Bangladeshi migrant) by the Foreigners Tribunal -Ill, Barpeta, Assam, vide order dated 22/1/2013 in FT Case No. 69(III)/2012 Ref. IMDT Case No. 724(A)/98, State of Assam v. Rahim Ali, has filed the instant writ petition challenging the said order. As has been claimed in the writ petition, the petitioner, son of Husen Ali @ Husen Nessa @ Husen @ Hussain Ali, is a citizen of India, by birth. Referring to the voter list of 1965, 1970, 1985 and 1997, it is the case of the petitioner that his father's name along with his mother appeared in the voter lists of 1965, 1970, 1985 and 1997. The petitioner has also referred to the Special Family Identify Card stated to be in the name of his father. He has also referred to the copy of the Jamabandi in respect of the particular land purportedly recording the name of his father vide order dated 22/1/1991.

(2.) ACCORDING to the petitioner, he is the grandson of Tamuj Ali @ Tamuj Uddin @ Tamuj and Rangbahar Nessa, whose name appeared in the voter list of 1965 and 1970. He has also referred to the Kutcha Patta dated 22/3/1952 and 12/11/1954 purportedly recording the name of his father as Tamej Uddin.

(3.) I have heard Mr. M.U. Mahmud, learned counsel for the petitioner. I have also heard Mr. M. Bhagabati, learned CGC and Mr. N. Upadhyay, learned State Counsel appearing for the respondents. I have also perused the entire materials on record. My findings and conclusions are as follows.