HAJERA BIBI ALIAS HAZRA BIBI v. THE UNION OF INDIA AND 5 OTHERS
I.A.(Civil)/1056/2025 · 2025-04-09
Malasri Nandi, Manish Choudhury
body2025
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[ 2025 DAILYLAW 10108 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 10108 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/3 GAHC010068372025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1056/2025 HAJERA BIBI ALIAS HAZRA BIBI W/O- SAKKAR ALI, D/O- ASMAT ALI, PERMANENT RESIDENT OF VILL.- ADABARI PART-I, P.O. AND P.S.- DHUBRI, ASSAM, PIN- 783301. VERSUS THE UNION OF INDIA AND 5 OTHERS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN- 110001. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NEW DELHI-110001. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006. 4:THE DISTRICT COMMISSIONER DHUBRI PIN- 781331. 5:THE SUPERINTENDENT OF POLICE (B) DHUBRI ASSAM PIN- 781331. 6:THE COORDINATOR
Page No.# 2/3 NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI-781004 Advocate for the Petitioner : MR. SURAJIT DAS, MS. H G DAS,I HOQUE,MS. B LASKAR,MR. J ABBAS Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,GA, ASSAM,SC, ECI
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 10.04.2025 [Manish Choudhury, J]
Heard Mr. J. Abbas, learned counsel for the opposite party-writ petitioner; Mr. B. Chakravarty, Central Government Counsel [CGC] for the opposite party-respondent no. 1; Mr. M. Islam, learned counsel representing Mr. A.I. Ali, learned Standing Counsel, Election Commission of India [ECI] for the opposite party-respondent no. 2; Mr. G. Sarma, learned Standing Counsel, Home & Political Department & State Coordinator, NRC for the opposite parties-respondent nos. 3, 5 & 6; and Mr. R. Talukdar, learned Junior Government Advocate, Assam for the opposite party-respondent no. 4. 2. The applicant as the petitioner, has preferred the connected writ petition, W.P.[C] no. 1637/2025 to assail an order/opinion dated 16.06.2023 passed by the learned Member Foreigners Tribunal no. 1, Dhubri in F.T. Case no. 5154/D/11, arising out of Police Reference ‘D’ Voter Case no. 331/D/07. By the said order/opinion, the learned Tribunal has declared the applicant-petitioner to be a foreigner, who had entered into the territory of India [Assam] from the specified territory without any valid document. 3. The instant interlocutory application has been preferred seeking correction in the names of the applicant-writ petitioner and her father incorporated in the cause-title of the
Page No.# 3/3 writ petition, W.P.[C] no. 1637/2025. 4.
It has been averred that in the cause-title of the connected writ petition, the name of the petitioner has been inadvertently mentioned as ‘Hajera Bibi @ Hajra Bibi’ instead of ‘Hajera Bibi @ Hazra Bibi’. Similarly, the name of the applicant-petitioner’s father has been inadvertently mentioned as ‘Asmat Ali’ instead of ‘Asmot Ali @ Asmat Ali @ Asmat Ullah’. 5. It is stated that the afore-mentioned mistakes had occurred inadvertently due to oversight. 6. The learned counsel for the opposite parties-respondents have submitted that since it is stated and averred that the mistakes had occurred inadvertently, they are not opposing the interlocutory application. 7. We have gone through the statements and averments made in the interlocutory application, more particularly, paragraph 2 & 3 thereof. As the mistakes in the cause-title of the writ petition, W.P.[C] no. 1637/2025 appear to be inadvertent mistakes, the instant interlocutory application is allowed. 8. The learned counsel for the applicant-writ petitioner shall file amended cause-title in terms of the Notification no. 79 dated 19.06.2023 within 3 [three] working days from today. On filing such amended cause-title by the learned counsel for the applicant-writ petitioner, the office to cause necessary correction in the cause-title of the writ petition as well as in the CIS. JUDGE JUDGE Comparing Assistant