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2018 DIGILAW 1123 (GAU)

Sabur Uddin v. Union of India

2018-07-30

A.K.GOSWAMI, M.R.PATHAK

body2018
JUDGMENT : ARUP KUMAR GOSWAMI, J. 1. Heard Ms. S.S. Zia, learned counsel for the petitioner. Also heard Ms. G. Sarma, learned Central Government counsel, appearing for the respondent No. 1, Mr. U.K. Nair, learned senior special standing counsel, Foreigners Tribunal, assisted by Mr. A. Sharma, learned counsel, appearing for the respondent Nos. 2, 3 & 4, Mr. A.I. Ali, learned standing counsel, Election Commission of India, appearing for the respondent No. 5 and Ms. A. Verma, learned standing counsel, NRC, appearing for the respondent No. 6. 2. Challenge in this writ petition is to an order dated 16.9.2016 passed by the learned Foreigners Tribunal, Bongaigaon No. 2, Abhayapuri in Case No. BNGN/FT/2095/07, whereby it was held that the petitioner had entered into India after 25.03.1971 from Bangladesh. 3. The plea taken by the petitioner is that pursuant to the order dated 29.06.2015, the petitioner appeared before the Foreigners Tribunal, Bongaigaon on 30.09.2015, but in the meantime, the case was transferred on 06.08.2015 to the learned Foreigners Tribunal, Bongaigaon No. 2, Abhayapuri and he was given to understand that a fresh notice will be given to him for appearance in the said Court. However, the petitioner did not receive any notice and thereafter, the impugned order was passed. 4. It is submitted by Ms. Zia that unless an opportunity is granted to the petitioner to contest the case, he will suffer irreparable loss and injury. 5. Mr. Nair has submitted that before the case was transferred, the petitioner had received notice and having prayed for time to file written statement, had not appeared on subsequent dates and the petitioner now wants to take advantage of the fact that the case came to be transferred. He, however, submits that in the facts and circumstances of the case, one opportunity may be granted to the petitioner to file his written statement. 6. From the order dated 13.06.2013, it appears that though notice was served upon the petitioner, he did not appear. As the petitioner did not appear on the next date, i.e. 09.09.2013, a fresh notice was issued, which was also duly served as is noticed from the order dated 12.12.2013. It is not understood why another notice had to be issued for appearance of the petitioner when a notice was duly served. As the petitioner did not appear on the next date, i.e. 09.09.2013, a fresh notice was issued, which was also duly served as is noticed from the order dated 12.12.2013. It is not understood why another notice had to be issued for appearance of the petitioner when a notice was duly served. The petitioner remained absent on 2(two) subsequent dates and the learned Tribunal once again directed issuance of notice on the petitioner by order dated 12.9.2014. Notice was again duly served and on 22.12.2014, the petitioner prayed for time to file written statement. Prayer was allowed fixing 26.3.2015 for filling written statement and documents. On 26.3.2015 and the subsequent dates, namely, 29.6.2015 and 30.9.2015, the petitioner again remained absent. 7. On 06.08.2015, as was noticed earlier, case was transferred to the Foreigners Tribunal, Bongaigaon No. 2, Abhayapuri, fixing 30.09.2015 for filling written statement and documents. 8. Having regard to the sequence of events, we are of the opinion that Mr. Nair may be justified in submitting that the petitioner is trying to make most of the situation on account of transfer of the case. If the petitioner was aware about transfer of the case, it was his duty to have enquired about the status of the case as he had not appeared on two previous dates. The petitioner, however, did not take any further steps for almost a year. 9. However, considering the submissions of the learned counsel appearing for the parties and in view of the statements made that the petitioner was expecting a further notice from the Foreigners Tribunal, Bongaigaon No. 2, Abhayapuri, we set aside the impugned order dated 16.09.2016 passed by the learned Foreigners Tribunal, Bongaigaon No. 2, Abhayapuri in Case No. BNGN/FT/2095/07 in order to grant an opportunity to the petitioner. 10. The petitioner is directed to appear before the Foreigners Tribunal, Bongaigaon No. 2, Abhayapuri on 14th August, 2018 and on that day, the petitioner may file his written statement. It is made clear that no further notice will be issued by the learned Tribunal to the petitioner for his appearance and for filing his written statement. It is also made clear that no further time shall be granted to the petitioner to file his written statement The learned Tribunal is directed to conclude the proceeding within a period of 1 (one) month from the date of appearance of the petitioner on 14.08.2018. It is also made clear that no further time shall be granted to the petitioner to file his written statement The learned Tribunal is directed to conclude the proceeding within a period of 1 (one) month from the date of appearance of the petitioner on 14.08.2018. 11. With the above observations and directions, the writ petition is disposed of.