LAWS(GAU)-2018-7-141

SABUR UDDIN Vs. UNION OF INDIA AND OTHERS

Decided On July 30, 2018
Sabur Uddin Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) Heard Ms. S.S. Zia, learned counsel for the petitioner. Also heard Ms. G. Sarma, learned Central Government counsel, appearing for the respondent No.1, Mr. U.K. Nair, learned senior special standing counsel, Foreigners Tribunal, assisted by Mr. A. Sharma, learned counsel, appearing for the respondent Nos.2, 3 and 4, Mr. A.I. Ali, learned standing counsel, Election Commission of India, appearing for the respondent No.5 and Ms. A. Verma, learned standing counsel, NRC, appearing for the respondent No.6.

(2.) Challenge in this writ petition is to an order dated 16.09.2016 passed by the learned Foreigners Tribunal, Bongaigaon No.2, Abhayapuri in Case No.BNGN/FT/2095/07, whereby it was held that the petitioner had entered into India after 25.03.1971 from Bangladesh.

(3.) The plea taken by the petitioner is that pursuant to the order dated 29.06.2015, the petitioner appeared before the Foreigners Tribunal, Bongaigaon on 30.09.2015, but in the meantime, the case was transferred on 06.08.2015 to the learned Foreigners Tribunal, Bongaigaon No.2, Abhayapuri and he was given to understand that a fresh notice will be given to him for appearance in the said Court. However, the petitioner did not receive any notice and thereafter, the impugned order was passed.