DALIMAN NESSA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) (CAV) - The petitioner, who has been declared as foreigner having entered into Assam after 2.3.1971 by the Foreigners Tribunal, Barpeta in FT Case No. 283/06(B) in F.T. Ref. No. 8504/98 (State of Assam Vs. Daliman Nessa) has invoked the writ jurisdiction of this Court seeking interference with the finding of fact arrived at by the Tribunal.

(2.) I have heard Mr. M.U. Mahmud, learned counsel for the petitioner as well as Ms. R. Chakraborty, learned Addl. Sr. Govt. Advocate. I have also heard Ms. B. Das, learned C.G.S.C.

(3.) According to the petitioner, she is Indian citizen by birth and she is the daughter of one Halim Mia. Her case is that she is now 26 years of age. She is married to one Shri Pahar Khan. She has stated that her father's name was included in the voter list of 1993 and 1997. His name was not included in the voter list of 1966 as at that point of time, he was a minor. But the name of her grand mother namely Moimon Nessa was enrolled in the voter lists of 1966 and 1970.