PARITOSH CHANDA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) (CAV) - Heard Mr. M. A. Ahmed, learned counsel for the petitioner, Mr. S.C.Keyal, learned Asstt. Solicitor General of India and Mr. R.Dhar, learned Govt. Advocate for the State of Assam.

(2.) A reference case No.157/06 was initiated by the respondent no.3 suspecting the petitioner to be a doubtful citizen and accordingly FT (2) Case No.650/07 was registered against him. Notice was issued but the petitioner did not contest the case and ultimately by the ex-parte order dated 10.7.2008 he has been declared to be a foreigner of post 25.3.1971 stream.

(3.) According to the petitioner, he could learn about the aforesaid order only when the police came to search him in his residence. After knowing the aforesaid ex-parte order he applied the same through his Advocate and copy was obtained on 7.8.2014 and thereafter this writ petition was filed on 5.12.2014. The petitioner could gather from the ex-parte judgment that notice was acknowledged by him with his thumb impression but, he never use thumb impression as he put his signature in all communications.