MOINUL HAQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Md. I. Hussain, learned counsel for the petitioner Also heard Mr. P.B. Bhattacharyya, learned CGC, Mr J. Payeng, learned standing counsel for the FT matters and NRC; Mr. H. Kuli, learned counsel on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr H.K. Hazarika, learned Additional Junior Govt. Advocate for the State.

(2.) An application under Sec. 114 of the Code of Civil Procedure, 1908, read with Chapter-X of the Gauhati High Court Rules, has been filed with prayer to review the order dtd. 20/8/2025, passed by this Court dismissing the writ petition(C) No. 3671/2025, against the petitioner. On a reference by the SP(B), respondent No. 6, being Ref. Case No. 12/2007, the proceeding of FT Case No.123/2007 was initiated against the petitioner.

(3.) The petitioner appeared before the Tribunal on two dates, but he failed to appear on few dates thereafter. This case vide order dtd. 17/4/2025, was kept "filed" by the Tribunal, but, it was again revived vide order dtd. 10/6/2022, and thereafter notice was issued. It is further submitted that the petitioner never received any notice issued by the Tribunal, but the learned Tribunal based on the report of the Process Server held that, the notice was duly served as per the provisions of Order 3 (5)(f) of the Foreigners (Tribunals), Order, 1964 and since the petitioner failed to appear before the Tribunal after service of notice, the Tribunal held that the petitioner failed to discharge his burden of proof as envisaged under Sec. 9 of the Foreigners Act 1946, and vide order dtd. 8/11/2023, the petitioner was declared as a foreigner who entered India, (Assam) after 25/3/1971.