SAMSUL HOQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. G. Uddin, learned counsel for the petitioner. Also heard Mr. A. Kalita, learned special standing counsel, Foreigners Tribunal, appearing for respondent Nos.2, 3, 6 and 7; Ms. G. Sarma, learned CGC appearing for respondent No.1; Mr. A.I. Ali, learned standing counsel, Election Commission of India, appearing for respondent No.4 and Ms. A. Verma, learned standing counsel, NRC appearing for respondent No.5.

(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner prays for setting aside the order dated 06.05.2017 in F.T. Case No.07/2016 as well as the order dated 11.07.2018 in Misc. Case No.20/2017 passed by the Foreigners Tribunal-I, Karimganj. By the order dated 06.05.2017, the petitioner was held to be a foreigner, who had entered into India from Bangladesh on or after 25.03.1971. By the order dated 11.07.2018, the petition filed by the petitioner under Order 9 Rule 13 read with Section 151 CPC for setting aside the order dated 06.05.2017 was rejected.

(3.) On 15.09.2016 the case was fixed for filing written statement. On 15.09.2016 and 16.11.2016, the petitioner prayed for time for filing written statement and the same was granted. However, on and from 18.01.2017, the petitioner remained absent without any steps, as a result of which the learned Tribunal passed the order dated 06.05.2017. On 210.2017 the petitioner had filed the application under Order 9 Rule 13 read with Section 151 CPC. On receipt of the said application, Misc. Case No.20/2017 was registered. In paragraphs 3 and 4 of the said application, the petitioner stated as follows:-