TAPAN BISWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H.A. Sarkar, learned counsel for the petitioner as well as Ms. G. Hazarika, learned counsel representing respondent no.1. Mr. J. Payeng, learned counsel appears for respondent nos.2, 5, 6, 7 and 8 whereas Ms. B. Das, learned counsel appears for respondent no.3. Ms. U. Das, learned counsel appears for respondent no.4.

(2.) The Foreigners' Tribunal, Guwahati passed order dated 09.11.1989 in M.F.T. Case Nos.1924/89, 1923/89 and 1929/89, declaring the petitioner to be a foreigner, having migrated to India after 01.01.1966 but before 25th March, 1971.

(3.) It is seen from the Tribunal's order dated 09.11.1989 that reference cases were made against the persons, namely- Sikendra @ Tikendra Biswas, Tapan Biswas and Smti Sila Rani Biswas and her family who were proceedees in respect of M.F.T. Case Nos.1924/89, 1923/89 and 1929/89. In the said proceeding the proceedees Sikendra @ Tikendra Biswas and Tapan Biswas who are father and son in relation were declared as foreigners of 1966-1971 stream but the proceedee Smti Sila Rani Biswas who is the wife of Tapan Biswas was not declared as a foreigner. The proceedee Sikendra @ Tikendra Biswas had died long time back and we, therefore, confine adjudication of this case only in respect of petitioner/proceedee Tapan Biswas who filed the instant writ petition seeking redress.