SHOBJAN BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.A. Dewan, learned counsel for petitioner as well as Ms. G. Sarmah, learned counsel for respondent no.1; Mr. A.I. Ali, learned counsel for the respondent no.2; Mr. J. Payeng, learned counsel for respondent nos. 4, 5 and 6; Ms. A. Verma, learned counsel for respondent no.3.

(2.) By this petition, under Article 226 of the Constitution of India, the writ petitioner/opposite party challenges the legality and validity of the order dated 10.10.2017 passed by the Foreigners' Tribunal, Chirang in F.T. Case No.BNGN/FT/CHR/365/10, whereby, the writ petitioner/ opposite party has been held to be a foreigner of post 1971 stream.

(3.) The proceeding against the writ petitioner/opposite party was initiated on a reference being made to the Foreigners' Tribunal, Bongaigaon, under Foreigners' Act, 1946, which was then transferred to the Foreigners' Tribunal, Chirang. Accordingly, a notice was issued to the writ petitioner/ opposite party and on receipt of the notice, the writ petitioner/opposite party filed her written statement, wherein, it was inter alia stated that she is an Indian citizen by birth and that she is the daughter of Sheikh Raijuddin Ahmed (father) and Mulukjan Nessa (Mother); and that the names of her projected father and mother were recorded in the Electoral Roll of 1965 under No.48 Bhabanipur LAC. It may be noticed herein that although, proceeding against the writ petitioner/opposite party was initiated on a reference being made to her as daughter of Yajjudin, yet, the writ petitioner/ opposite party has chosen to contest the proceeding as the daughter of Sheikh Raijuddin Ahmed.