Page No.# 1/3 GAHC010153762019 2025:GAU-AS:128 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4745/2019 NILKAMAL MALODAS S/O LT. DEBU MALODAS @ DEBNATH, VILL. BAHARI RESERVE, P.O. BAHARIHAT, P.S. TARABARI, PIN- 781302, DIST- BARPETA, ASSAM. VERSUS UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY, DEPTT. OF HOME, NEW DELHI. PIN 110001. 2:STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY DEPTT. OF HOME DISPUR GHY.- 781006. 3:THE ELECTORAL REGISTRATION OFFICER BARPETA ASSAM PIN- 781301. 4:THE DEPUTY COMMISSIONER BARPETA PIN- 781301 5:THE SUPERINTENDENT OF POLICE (B) BARPETA PIN- 781301. 6:THE OFFICER-IN-CHARGE TARABARI POLICE STATION PIN- 781302. Page No.# 2/3 7:NATIONAL REGISTRAR OF CITIZENS REP. BY THE STATE CO-ORDINATOR ASSAM GUWAHATI For the Petitioner(s) : Ms. P. Saha, Advocate For the Respondent(s) : Mr. A. I. Ali, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 06.01.2025 Heard Ms. P. Saha, the learned counsel appearing on behalf of the Petitioner and Mr. A. I. Ali, the learned Standing counsel appearing on behalf of the Respondent No.3. 2. The Petitioner herein has filed the instant writ petition challenging marking of letter “D” against his name in the voter list of 1997 as well as in the subsequent voter lists. 3. Mr. A. I. Ali, the learned Standing counsel for the Respondent No.3 submits that the name of the Petitioner was referred to the Foreigners Tribunal at Barpeta and in that regard a FT case being FT Case No.91/2017 has been pending. He submits on the basis of an instruction dated 31.05.2022. This Court duly asked the learned counsel as to whether there has been any decision in the said proceedings. The learned Standing counsel submits that he has no instruction in that regard. 4. Taking into account that a reference had already been made before Page No.# 3/3 the Foreigners Tribunal and the Foreigners Tribunal is in session of the matter, the question of exercising the writ jurisdiction for removal of tag “D” would not arise. 5. Accordingly, the instant writ petition stands disposed of. 6. Be that as it may, the Petitioner would always be at liberty to take effective steps in respect to such reference proceedings, if so advised. 7. The instruction so submitted by Mr. A. I. Ali, the learned Standing counsel is kept on record and marked with the letter “X’. JUDGE Comparing Assistant