DURGARANI MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) ON a reference received from S.P. (B), Goalpara under Foreigners Act, 1964, F.T. Case No. 2549/G/10 was registered against one Kalipada Mahanta and two other persons to decide the validity of citizenship of the petitioners, herein (respondents in the aforesaid case).

(2.) UPON serving of notice, all the petitioners appeared before the learned Tribunal and contested the case by filing WS and also adduced evidence. It is the case of the petitioners, they could not arrange to submit necessary documents for which they prayed time before the learned Tribunal. Subsequently, though the petitioners appeared with relevant documents, the learned Tribunal held that aforesaid documents were not proper and without taking into consideration of the same declared the petitioners as foreigners of post 1971 stream.

(3.) ACCORDING to the petitioners, the above reference as well as the findings of the learned Tribunal are erroneous and without jurisdiction as the learned Tribunal without giving any opportunity to the petitioners to adduce relevant documents has rejected the documents so filed by the petitioners.