LILIJAN BIBI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Utpal Das, learned counsel for the petitioner, Ms. G. Hazarika, learned CGC appearing for respondent No.1, Ms. A. Borgohain, SC for respondent No.2, Mr. A. Kalita, learned SC for respondents No.3 to 5 and 7 and Ms. A. Verma, learned SC, for respondent No.6.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the opinion dated 29.04.2019, passed by the learned Foreigners Tribunal- 8th, Tezpur in F.T.(8) Case No. 1668/2017, by which the petitioner was declared to be a foreigner entering into Assam on or after 25.03.1971.

(3.) The learned counsel for the petitioner has referred to the written statement of the petitioner and has submitted that the case before the learned Tribunal was registered after receipt of reference from the Superintendent of Police (B), Sonitpur, Tezpur. It is submitted that in her written statement, the petitioner has projected one Samiruddin @ Md. Samir Munshi, resident of Village- Kadamani Pathar, P.S. Dhing, Dist. Nagaon as her grandfather, Usan Ali Shekh as father and Zubeda Khatun as mother. It was also projected that in the year 1958, the grand-father of the petitioner shifted to Village- Baligaon Bangali, P.S. Dkekiajuli, Dist. Darrang, Assam and used to live there, where he had also purchased a plot of land measuring 2 bigha. The name of her grand-father appeared in the voters list of 1970. Thereafter, in the year 1975, the petitioner's grand-father had shifted to Village- Fakoli, P.S. Kampur, Dist. Nagaon, Assam, where he had purchased a plot of land measuring 2 bigha- 4 katha- 121 / 2 lechas by a sale deed registered on 22.03.1982 in the Office of the SubRegistrar, Kampur, Dist. Nagaon. The petitioner has further projected that she was married on 08.02.1989 to Abu Sama, son of San Miya of Village- Arakhuti Pathar, P.S. Themlamara, Dist. Sonitpur, Assam and that their names appeared in the voters list in the year 1989 and onwards. In support of her defence, the petitioner has relied on the following exhibits, viz., Copy of PAN Card (Ext.1 original not produced); Gaonbura's certificate [Ext.2 and Ext.2(a)]; Copy of NRC of 1951 (Ext.3 original not produced); Sale Deed dated 14.02.1959 (Ext.4); Copy of voters list of 1965 (Ext.5 original not produced); Copy of order dated 31.08.1966 in Case No. 193/66, Quit India order No. 451/66, passed by the learned Foreigners Tribunal, Tezpur, where the name of the applicant was Samir Munchi, son of Late Kasim Ali (Ext.6); voters list of 1971 (Ext-7 Original not produced); Report dated 20.09.1979 of the enumerator of the Election Department (Ext.8 and Ext.9); Sale Deed dated 22.03.1982 (Ext.10); Marriage Link Certificate issued by Secretary, Gerjaipam Panchayat (Ext.11); voters list of 1989 (Ext.12); voters list of 1993 (Ext.13); voters list of 2005 (Ext.14); Voter Identity Card (Ext.15).