MUSLIM ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the petitions are taken up together for disposal as the petitioner of WP(C) No. 1578/2017 Musstt. Firun Nessa and the petitioner of WP(C) No. 1591/2017 Md. Muslim Ali are son and daughter, respectively, of Late Basir Uddin, a resident of village - Saharon, Post Office -Joynagar, Police Station - Murajhar, District Hojai (Assam). The present address of the petitioner of WP(C) No. 1578/2017, Musstt. Firun Nessa is shown as village - Nahar Gaon, Post Office and Police Station - Daboka, District Hojai (Assam).

(2.) The petitioner Md. Muslim Ali is the elder brother of the petitioner Musstt. Firun Nessa. Both the petitioners are aggrieved by the common opinion/order dtd. 31/10/2016 passed by the Foreigners' Tribunal, Nagaon Court No. 10TH at Sankardev Nagar, Hojai in connection with FT(D) Case No. 439/2015 and FT(D) Case No. 455/2015, respectively. On being aggrieved by the common order dtd. 31/10/2016, the petitioners have filed their respective petitions under Article 226 of the Constitution of India, seeking quashing of the impugned order. Both the petitioners have submitted that they are legal heirs of the same ancestors and they have relied upon the same set of documentary evidence and their cases were taken up together for disposal by a common judgment, by the Tribunal.

(3.) It is contended that on receipt of the references from the Superintendent of Police being SP's F.T. Case No. 616/2014 and SP's F.T. Case No. 644/2012, Case Nos. FT/H/1929/2012 and FT/H/58/2012 were registered, respectively and notices were issued to the petitioners, calling upon them to file their written replies/written statements (WS for short), if any. Meanwhile, on creation of Foreigners' Tribunal No. 10 TH at Sankardev Nagar at Hojai, erstwhile district Nagaon, the aforementioned cases were re-registered as FT(D) Case No. 455/2015 and FT(D) Case No. 439/2015, respectively.