Page No.# 1/4 GAHC010098472025 2025:GAU-AS:6144-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/18/2025 MD. ABDUR RAHMAN @ HAFIZ MD. ABDDUR RAHMAN S/O LT. ARSHID ALI R/O VILL- DEBOSTHAN, P.O. DEBOSTHAN BAZAR, P.S. MURAJHAR, DIST. HOJAI, ASSAM PIN - 782481. VERSUS THE UNION OF INDIA and 4 ORS. REP. BY THE SECRETARY MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI. Advocate- 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY DEPARTMENT OF HOME SECRETARIAT DISPUR GUWAHATI -06. 3:THE DISTRICT COMMISSIONER HOJAI DIST. HOJAI ASSAM. 4:THE SUPERINTENDENT OF POLICE (B) HOJAI DIST. HOJAI ASSAM. 5:THE MEMBER FOREIGNERS TRIBUNAL NAGAON COURT NO. 7 Page No.# 2/4 AT LANKA DIST. HOJAI ASSAM Advocate for the Petitioner : MR. H R KHAN, MS.N GOSWAMI,MS.L DAS,MS.K BORA Advocate for the Respondent : DY.S.G.I., SC, F.T,GA, ASSAM Linked Case : WP(C)/642/2017 MD. ABDUR RAHMAN @ HAFIZ MD. ABDDUR RAHMAN S/O LT. ARSHID ALI R/O VILL- DEBOSTHAN P.O. DEBOSTHAN BAZAR P.S. MURAJHAR DIST. HOJAI ASSAM PIN - 782481. VERSUS THE UNION OF INDIA and 4 ORS. REP. BY THE SECRETARY MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NEW DELHI. 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY DEPARTMENT OF HOME SECRETARIAT DISPUR GUWAHATI -06. 3:THE DEPUTY COMMISSIONER HOJAI DIST. HOJAI ASSAM. 4:THE SUPERINTENDENT OF POLICE (B) HOJAI DIST. HOJAI ASSAM. 5:THE MEMBER Page No.# 3/4 FOREIGNERS TRIBUNAL NAGAON COURT NO. 7 AT LANKA DIST. HOJAI ASSAM. ------------ Advocate for : MR.H R KHAN Advocate for : appearing for THE UNION OF INDIA and 4 ORS. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 16.05.2025 (K.R. Surana, J) Heard Mr. H.R. Khan, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. 2. By filing this misc case, the petitioner is praying for restoration of WP(C) 642/2017, which was dismissed for non-prosecution by order dated 30.04.2025. 3. The learned counsel for the petitioner has submitted that on the said date, i.e. 30.04.2025, he was out of station and therefore, he could not appear before the Court. On coming to know about the dismissal of the case, he has filed this misc case on 08.05.2025. 4. Although the learned standing counsel for the FT matters has opposed the prayer made in this misc case, considering that the matter was dismissed for Page No.# 4/4 non-prosecution on 30.04.2025 and this application has been filed on 08.05.2025, the explanation of the learned counsel for the petitioner is accepted as good cause for not being able to represent the petitioner when the matter was previously listed on 30.04.2025. 5. Accordingly, this misc case stands allowed. 6. The connected WP(C) 642/2017 is restored to file. JUDGE JUDGE Comparing Assistant