HABIJA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. N. Begum, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned C.G.C. for respondent No.1, Mr. J. Payeng, learned Government Advocate for the State respondents No.2, 3, 6 and 7, Ms. U. Das, learned standing counsel for respondent No.4 and Ms. B. Das, learned standing counsel for respondent No.5.

(2.) By this application under Article 226 of the Constitution of India, the petitioner herein has assailed the opinion dated 22.01.2019 passed by the learned Member, Foreigners Tribunal No.4, Kamrup (R), Hajo in H.F.T. Case No.544/2015, thereby the reference was answered in the affirmative by declaring Habija Khatun (the petitioner) as in illegal migrant of post 1971 stream.

(3.) It is seen that the petitioner has not annexed the written statement filed by her before the learned Tribunal. However, from paragraph 3 of the impugned opinion, it appears that in her written statement, she has taken a defence to the effect that Late Haser Ali, son of Late Taser Ali is her projected father, her projected mother is Atmala Bibi. The petitioner's projected grandfather, his 5 (five) sons and 1 (one) daughter respectively are Taser Ali, Late Maser Ali, Late Ashu Bepari, Late Abira Nessa, Late Baju Seikh, Late Haser Ali and Late Kaser Ali, whose names are stated to be recorded in the National Registrar of Citizens, 1951 (NRC). It is projected that her father had got a plot of land at village Kurihamari, P.S. Mukalmua, vide Tauzi Patta No.155, Dag No.191. In this regard, the Circle Officer, Barkhetri Revenue Circle had issued certificate No. BRC 795, dated 02.09.2019 to Late Haser Ali. The petitioner has also projected that she has 1 (one) brother and 3 (three) sisters and that she is married to Sandesh Ali, son of Late Hashu Ali of village No.4 Dokania and that her name appears in the voters list of 2005, 2010 and 2013. It is projected that her father's name appeared in the voters list of 1963 of village Tapabori under Hajo LAC and that the name of her paternal uncle Maser Ali appears in the voters list of 1966 of village Tapabori. It was also projected that the name of her brother Eusuf Ali is found in the draft NRC published in 2018.