BINA DAS @ BEENA DAS W/O SRI RAJU DAS AND D/O SRI PINTU DAS v. UNION OF INDIA BEING REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS (CENTRAL SECRETARIAT)
2018-07-13
A.K.GOSWAMI, M.R.PATHAK
body2018
DigiLaw.ai
ORDER : A.K. GOSWAMI, J. 1. Heard Mr. A.R. Shome, learned counsel for the petitioner. Also heard Mr. J. Payeng, learned State counsel appearing for the respondent Nos.2, 5 and 6; Ms. A. Verma, learned standing counsel, NRC, appearing for the respondent No.4; Ms. G. Sarma, learned CGC appearing for the respondent No.1 and Mr. A.I. Ali, learned standing counsel, Election Commission of India, appearing for the respondent No.3. 2. The challenge in this writ petition is to an order dated 31.08.2016 passed by the learned Member, Foreigners Tribunal, Tinsukia, in F.T. Case No.796/D/2006, whereby the petitioner was declared a foreigner under Section 2(a) of the Foreigners Act, 1946 with the finding that she had entered into India (Assam) after 25.03.1971. 3. Mr. Shome submits that the petitioner was not served with any notice and therefore, she was unaware of the proceedings. He submits that grave miscarriage of justice had taken place as the petitioner was denied the opportunity to place her case. 4. In the impugned order, it is noted that notice was served in a substituted manner in the locality as the petitioner was not found at her address. 5. Mr. Payeng has submitted that having regard to the issue involved and the manner of service of notice, it will be appropriate to set aside the order dated 31.08.2016 and to remand the case back to the Foreigners Tribunal, Tinsukia, for fresh disposal in accordance with law. 6. The other learned counsel appearing for the respondents also submit that instead of keeping this writ petition pending, the course of action suggested by Mr. Payeng may be accepted. 7. In view of the above submission of the learned counsel for the parties and having regard to the materials on record, this writ petition is disposed of setting aside the order dated 31.08.2016 passed by the learned Member, Foreigners Tribunal, Tinsukia, in F.T. Case No.796/D/2006. It is made clear that this Court has recorded no finding on the merits of the case. 8. The petitioner is directed to appear before the learned Tribunal on 13.08.2018 and to file written statement, if so advised, on that day. It is also made clear that no further notice will be issued by the learned Tribunal for her appearance and for filing written statement.
8. The petitioner is directed to appear before the learned Tribunal on 13.08.2018 and to file written statement, if so advised, on that day. It is also made clear that no further notice will be issued by the learned Tribunal for her appearance and for filing written statement. As it is seen that the case was registered in the year 2006, the Tribunal is directed to conclude the proceedings within a period of 3(three) months from the date of appearance of the petitioner on 13.08.2018.