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2025 DAILYLAW 15422 (GAU)

AYNAL HOQUE v. THE UNION OF INDIA

I.A.(Civil)/2166/2025 · 2025-08-05

Kalyan Rai Surana, Rajesh Mazumdar

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010146402025 2025:GAU-AS:10282-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2166/2025 AYNAL HOQUE SON OF LATE MOKSHED ALI, RESIDENT OF VILL- JOYPUR, MOUZA- GHILAZARI, P.S.- HOWLY, DIST- BARPETA, ASSAM. VERSUS THE UNION OF INDIA TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, DEPARTMENT OF (HOME AFFAIRS), NEW DELHI, INDIA- 110001 2:THE STATE OF ASSAM TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI-06. 3:THE ELECTION COMMISSION OF INDIA TO BE REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN ASHOKA ROAD NEW DELHI-110001. 4:THE NATIONAL REGISTRAR OF CITIZEN TO BE REPRESENTED BY THE STATE CO-ORDINATOR ASYUT PLAZA BHANGAGARH KAMRUP (M) ASSAM-781005. 5:THE SUPERINTENDENT OF POLICE (B) BAJALI DIST- BAJALI ASSAM-781325. Page No.# 2/4 6:THE DISTRICT COMMISSIONER BAJALI DIST- BAJALI ASSAM- 781325. 7:THE SUPEINTENDENT OF POLICE (B) BARPETA DIST- BARPETA ASSAM- 781314 Advocate for the Petitioner : MR A R BHUYAN, MR S ABDULLAH,MR M KHAN Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, NRC,SC, ECI Linked Case : WP(C)/3365/2025 AYNAL HOQUE SON OF LATE MOKSHED ALI ALIAS MOKSHED RESIDENT OF VILLAGE JOYPUR MOUZA-GHILAZARI P.S. HOWLY DIST. BARPETA ASSAM VERSUS THE UNION OF INDIA AND 6 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA DEPARTMENT OF (HOME AFFAIRS) NEW DELHI-110001. 2:THE STATE OF ASSAM TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI-06. 3:THE ELECTION COMMISSION OF INDIA TO BE REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN ASHOKA ROAD NEW DELHI-110001. Page No.# 3/4 4:THE NATIONAL REGISTRAR OF CITIZEN TO BE REPRESENTED BY THE STATE CO-ORDINATOR ASYUT PLAZA BHANGAGARH KAMRUP (M) ASSAM-781005. 5:THE SUPERINTENDENT OF POLICE (B) BAJALI DIST- BAJALI ASSAM-781325. 6:THE DISTRICT COMMISSIONER BAJALI DIST- BAJALI ASSAM- 781325. 7:THE SUPEINTENDENT OF POLICE (B) BARPETA DIST- BARPETA ASSAM- 781314. ------------ Advocate for : MR. A R BHUYAN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 06.08.2025 (R. Mazumdar, J) Heard Mr. S. Abdullah, learned counsel for the applicant. Also heard Ms. S. Baruah, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Ms P. Barua, learned standing counsel for the ECI; and Mr. H.K. Hazarika, learned Govt. Advocate for the State respondent. 2. By filing this interlocutory application, the applicant has prayed for substitution of the words “Superintendent of Police (Border), Bajali” appearing Page No.# 4/4 in paragraph 6, 7 and 8 of the order dated 18.06.2025, passed in the connected WP(C) 3365/2025 with the words “Superintendent of Police (Border), Barpeta”. 3. The learned standing counsel for the FT matters has fairly submitted that the substitution of the order dated 18.06.2025, as sought for in the application may be allowed as it would not substantially affect the merit of the case. 4. Accordingly, the prayer made in this interlocutory application is allowed to the extent that the words “Superintendent of Police (Border), Bajali” wherever appeared in paragraph 6, 7 and 8 of the order dated 18.06.2025, passed in the connected WP(C) 3365/2025 shall be now read as “Superintendent of Police (Border), Barpeta”. 5. Consequently, the time frame given in the order dated 18.06.2025 for appearance of the applicant shall stand extended by further period of 10 (ten) days from today. 6. This order shall be read in conjunction with order dated 18.06.2025, passed in the connected WP(C) 3365/2025. 7. Accordingly, this interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant