LAWS(GAU)-2019-10-51

MAYA RANI DAS Vs. UNION OF INDIA

Decided On October 01, 2019
MAYA RANI DAS Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. B.P. Sinha, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned CGC for respondent No.1, Mr. A. Kalita, learned standing counsel for the respondents No.2, 5 and 6, Ms. B. Das, learned standing counsel for respondent No.3 and Ms. S. Khanikar, learned standing counsel for respondent No.4.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 20.05.2019 passed by the learned Member, Foreigners' Tribunal No.6th, Silchar in F.T. 6th Case No.210/2015, holding the petitioner to be a foreigner of post 25.03.1971.

(3.) The learned counsel for the petitioner has referred to the written statement filed by the petitioner and it is submitted that the petitioner had projected that her father is Brajendra Das and her mother is Birbola Das (both since deceased). It was projected that the mother of petitioner had died immediately after her birth. It was projected that the petitioner was born on 10.01.1970 at village Rajyeswarpur, P.S. Katigorah, District- Cachar. It was projected that the father of the petitioner had casted his vote in the year 1971. It was stated that the petitioner got married with Nabin Das of Mohonkhal in the year 1988 under Kalain Gaon Panchayat. It has been submitted that in order to prove her stand, the petitioner had examined herself as DW-1 and one Rabindra Das, projected elder brother of the petitioner as DW-2 and that she had exhibited the following documents, viz.,