KABIR KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. U.C. Rabha, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned counsel for respondent No.1, Ms. A. Borgohain, learned counsel for respondent No.2, Mr. J. Payeng, learned counsel for respondent No.3, 5 and 6 and Ms. A. Verma, learned counsel for respondent No.4.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the opinion dated 11.03.2019 passed by the learned Member, Foreigners' Tribunal No. 7 of Barpeta in Case No. F.T.290/2016 corresponding to R/IM(D)T Case No. 8774/98 which was registered pursuant to reference made by the Superintendent of Police (B), Barpeta.

(3.) The learned counsel for the petitioner has referred to the written statement filed by the petitioner and he has submitted that Sukur Ali @ Sukur Khan @ Sukur Kha is his projected father and Jamala Khatun is his projected mother. It is projected that Kurpan Khan is the name of his projected grandfather and Majiran Nessa is the name of his projected grandmother. It is stated that the name of his grandfather, grandmother and father is enrolled in the voters' list of 1966 and 1970 in respect of 54 No. Chenga L.A.C. at village Khapanbariya Bhitha, P.S. & District Barpeta. It is further projected that the parental family of the petitioner shifted from Village- Khapanbariya Bhitha to village Bandali Reserve and the petitioner was born and brought up at village Bandali Reserve, P.S. Tarabari, District Barpeta, Assam. In the evidence- on- affidavit of the petitioner (DW-1), it is mentioned that about 45 years ago their parental residence was shifted from Village- Khapanbariya Bhitha to Village- Bandali Reserve. Accordingly, it is projected that the name of the parents of the petitioner appeared in the voters' list of 1989 in respect of 47 No. Chenga LAC at village Bandali Reserve and the name of petitioner's mother was enrolled in the voters' list of 1997.