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2019 DAILYLAW 1497 (GAU)

BIRESH DAS v. UNION OF INDIA AND 6 ORS

WP(C)/6786/2019 · 2026-05-12

Pranjal Das, Sanjay Kumar Medhi

Writ Petition (Civil)body2019

Judgment text

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Page No.# 1/3 GAHC010218782019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6786/2019 BIRESH DAS S/O- LATE KUSHINDRA DAS, R/O- VILL- GOVINDER KHUPA, P.S- KATIGORAH, DIST- CACHAR, ASSAM, PIN- VERSUS UNION OF INDIA AND 6 ORS REP. BY THE SECRETARY TO THE MIN OF HOME AFFAIRS, GOVT OF INDIA, NEW DELHI- 01 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SCRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR GUWAHATI- 6 3:THE ELECTION COMMISSIONER ASSAM DISPUR GUWAHATI- 6 4:THE STATE COORDINATOR NRC BHANGAGARH GUWAHATI- 5 5:THE DEPUTY COMMISSIONER CACHAR P.O- SILCHAR PIN- 788006 DIST- CACHAR ASSAM Page No.# 2/3 6:THE SUPERINTENDENT OF POLICE (B) DIST CACHAR ASSAM PIN- 781001 7:THE OFFICER IN CHARGE SILCHAR POLICE STATION P.O- SILCHAR PIN- 78100 Advocate for the Petitioner : MS. J PAUL, MS P BORAH Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, F.T,SC, ELECTION COMMISSION. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 13.05.2026 (S.K. Medhi, J)] Heard Ms. J. Paul, learned counsel for the petitioner. Also heard Ms. B. Sharma, learned CGC. The instant application under Article 226 of the Constitution of India has been filed challenging an order dated 07.07.2018 passed by the learned Member, Foreigners’ Tribunal, 4th Cachar at Silchar in F.T. Case No. 4th/D/408/2015 arising out of Katigorah P.S.I/Case No. 9875/1998 reference made under Rule 2 (1) of the Foreigners’ Tribunal Order, 1964 by the Superintendent of Police (B), District- Cachar, Silchar whereby the petitioner has been declared a foreigner post 25.03.1971. Though various grounds of challenge have been made, Ms. Paul, the Page No.# 3/3 learned counsel for the petitioner has submitted that instead of pressing the present application, he may be given liberty to approach the appropriate authority under the Citizenship Amendment Act. The aforesaid proposition is not objected to by the learned counsel for the respondents. In view of the above, the writ petition is closed with liberty to the petitioner to approach the appropriate authority under the CAA and if such approach is done in the manner prescribed, the same is to be considered in accordance with law. JUDGE JUDGE Comparing Assistant