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2018 DIGILAW 1482 (GAU)

Abdul Kadir v. Union of India

2018-10-03

MANOJIT BHUYAN, PRASANTA KUMAR DEKA

body2018
ORDER : MANOJIT BHUYAN, J. 1. Heard Mr. A.I. Uddin, learned counsel for the petitioner as well as Ms. G Sarmah, learned counsel for respondent no. 1; Mr. A.I. Ali, learned counsel for respondent no. 2; Ms. A. Verma, learned counsel for respondent no. 3 and Mr. A. Kalita, learned counsel for respondent nos. 4, 5, 6, 7 and 8. 2. The Foreigners' Tribunal, Nagaon, passed order dated 21.04.2008 in F.T. Case No. 947/2002, declaring the petitioner to be a foreigner who had entered into Assam after 01.01.1966 and before 25.03.1971. In the said case the petitioner appeared and filed written statement. Witnesses were also examined. 3. Be that as it may, Mr. A.I. Uddin submits that in the aforesaid order dated 21.04.2008 there was no direction for registering the name of the petitioner before the concerned Foreigners Regional Registration Officer, Nagaon. It is also submitted that the petitioner was not aware of the fact that he was required to register his name before the said appropriate authority. 4. We have heard the learned counsels for the parties and also take note of the order passed in a writ petition involving similar subject matter. Notice is had to the order dated 11.9.17 passed in WP(C) 2295/2014 (Pronoti Bala Sarkar & Ors. Vs. State of Assam & Ors.). In the said case, this Court after noticing the relevant provisions under the Citizenship Act, 1955, as amended, and that under the Citizenship Rules, 2009, together with the Full Bench decision in State of Assam & Ors. Vs. Moslem Mondal & Ors., reported in (2013) 1 GLT 809, held that it would meet the ends of justice to permit the petitioners therein to get themselves registered as foreigners belonging to the 1.1.66 to 253.71 stream, even at the belated stage. Petitioners also place reliance in the order dated 23.7.18 passed in WP(C) 4647/2018 (Laba Das & Anr. Vs. Union of India & Ors.) whereby the petitioner therein was also declared to be a foreigner of 01.01.1966 to 25.03.1971 stream vide judgment and order passed way back on 15.11.1990. 5. Having regard to the submission of Mr. Uddin and in view of the order passed in Pronoti Bala Sarkar (supra) and Laba Das (supra), we make a direction to the petitioner to approach the Foreigners Regional Registration Officer, Nagaon within a period of 30 (thirty) days from today. 5. Having regard to the submission of Mr. Uddin and in view of the order passed in Pronoti Bala Sarkar (supra) and Laba Das (supra), we make a direction to the petitioner to approach the Foreigners Regional Registration Officer, Nagaon within a period of 30 (thirty) days from today. Upon such approach being made within the period indicated above, the Foreigners Regional Registration Officer, Nagaon shall pass appropriate order in accordance with law. Legal consequences shall accordingly follow. It is made clear that if the petitioner does not approach the Foreigners Regional Registration Officer, Nagaon within the period above, he shall be liable to be apprehended and deported from India. 6. With the above observation and direction the writ petition stands disposed of.