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2019 DIGILAW 151 (GAU)

Pramod Das v. Union of India

2019-01-31

ACHINTYA MALLA BUJOR BARUA

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JUDGMENT : Achintya Malla Bujor Barua, J. 1. Heard Mr. H.A. Sarkar, learned counsel for the petitioner. Also heard Mr. A. Ali, learned counsel for the Election Commission of India, Mr. A Kalita, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border Areas, Ms. U. Das, learned standing counsel for the authorities under the NRC as well as Ms. G. Sarma, learned counsel for the authorities under the Union of India. 2. A reference was made by the Superintendent of Police, Border, Nalbari vide SP(B) Reference No. 284/2009 resulting in registration of FT Case No. (GH)339/2015 in the Foreigners Tribunal, 4th, Nalbari at Ghograpar. Before the Tribunal, the petitioner submitted his written statement and had taken a stand that his father is Sri Khokan Ch. Das @ Khoken Das @ Phukan Ch. Das who is a permanent resident of Village-Namati and has been living with his family and also with his father since 1960-70. 3. It is stated that the father of the petitioner purchased a plot of land measuring 02 bigha, 02 katha of Dag No. L763/773, KP Patta No. 120 of Village Narayangaon, under Mouza Paschim Banbhag in the year 1968. A further stand has been taken that Nripendra Ch. Das @ Nipendra Ch. Das is the grandfather of the petitioner who also had purchased a land measuring 05 bighas, 02 kathas 08 lessa of Dag No. 131 KP Patta No. 35 of village Nowakhat under Tamulpur police station in the year 1958. It is stated that there is also a certificate of registration in the name of his grandfather Late Nripendra Ch. Das issued by the Sub-Deputy Collector, Tamulpur in 1956. 4. Before the proceeding, the petitioner exhibited the certificate of registration bearing No. 39296, 1088 of the Registering Authority cum Sub-Deputy Collector Tamulpur. The certificate of registration dated 24.09.1956 contains the name of Nripendra Chandra Das and his address was shown as Village-Nowakhat, police station-Rangia in the erstwhile Kampur district In order to establish his link with Nripendra Chandra Das whose name appeared in the certificate of registration referred above, the petitioner relies upon a sale deed No. 852 dated 12.02.1968 which shows that Khokan Ch. Das, Son of Nipendra Ch. Das of Village-Namati, PS. Nalbari, Mouza-Paschim Bonbhag had purchased a plot of land measuring 2 bitha 2 katha from Kitab Ali Ahmed and Md. Das, Son of Nipendra Ch. Das of Village-Namati, PS. Nalbari, Mouza-Paschim Bonbhag had purchased a plot of land measuring 2 bitha 2 katha from Kitab Ali Ahmed and Md. Marfat Ali both being sons of late Fajar Ali Dewani. The vernacular version of the sale deed shows that it was Phukan Chandra Das, son of Nipendra Ch. Das who had purchased the land and not Khokan Ch. Das. 5. We have perused the certificate of registration dated 24.09.1956 in the name of Nripendra Chandra Das, which shows that his permanent address is Village-Nowakhat, Police Station Rangia in the Kamrup district. On the other hand, in the sale deed, it is Phukan Chandra Das, son of Nipendra Chandra Das, Village-Namati, Mouza-Paschim Banbhag under Police Station Nalbari. We are of the view that the concerned person Phukan Chandra Das, Son of Nipendra Chandra Das, without any further material, cannot be construed and be linked with Nripendra Chandra Das of the certificate of registration dated 24.09.1956 whose address was village-Nowakhat, Police Station Rangia. 6. Apart from the above, the petitioner also seeks to rely upon certain admit cards issued by the Board of Secondary Education, Assam and some certificate issued by the Rangia college. Be that as it may, without going into the question as to whether the said two documents was duly examined or not, we are of the view that the said two document merely indicates that the father of the petitioner is Khukan Chandra Das but it by itself does not. establish a link with Nripendra Chandra Das whose name appears in the certificate of registration dated 24.09.1956. 7. In the aforesaid circumstance, when we examine the order of the Tribunal, we notice that there is no conclusion that the petitioner could establish the link with Nripendra Chandra Das, whose name appears in the registration certificate dated 24.09.1956. But however we express our view that the Tribunal requires to give proper reasons for arriving at its conclusion. But as we conclude that the petitioner could not establish a link with Nipendra/Nripendra Chandra Das whose name appears in the registration certificate of 24.09.1956, we are of the view that the order of the Tribunal dated 23.11.2016 does not require an interference. 8. Accordingly, the writ petition is found to be devoid of any merit and the same stands dismissed. 8. Accordingly, the writ petition is found to be devoid of any merit and the same stands dismissed. However as the Tribunal had provided that the petitioner had entered the territory of Assam between 01.01.1966 and 24.03.1971 as provided under Section 6 (A)(3), the petitioner shall now register himself with the Foreigners Regional Registering Authority of Kamrup (Metro) within a period of 1 (one) month from today. Send back the LCR.