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2025 DAILYLAW 19456 (GAU)

JASMAT ALI v. THE UNION OF INDIA AND 5 ORS

WP(C)/6180/2023 · 2025-05-18

Kalyan Rai Surana, Malasri Nandi

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010277692023 2025:GAU-AS:6193-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No: WP(C)/6180/2023 JASMAT ALI W/O- RAHMAN ALI D/O- RAKIBUL HUSSAIN VILL.- PARERCHAR PT-II P.O.- P.S.- ABHAYAPURI DISTRICT- BONGAIGAON ASSAM. VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA DEPTT. OF HOME AFFAIRS NEW DELHI INDIA. 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR. 3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE ELECTION OFFICER BONGAIGAON ASSAM. Page No.# 2/3 4:THE NATIONAL REGISTER OF CITIZENS ASSAM REPRESENTED BY THE STATE COORDINATOR 1ST FLOOR ACHYUT PLAZA BHANGAGARH GUWAHATI ASSAM. 5:THE DEPUTY COMMISSIONER BONGAIGAON DIST.- BONGAIGAON ASSAM. 6:THE SUPERINTENDENT OF POLICE (B) BONGAIGAON ASSAM. ------------ Advocate for : MRS. B GOGOI Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 19.05.2025 (K.R. Surana, J) Heard Ms. M. Borah, learned counsel for the petitioner. Also heard Mr. U.K. Goswami, learned CGC; Ms. A. Verma, learned standing counsel for the FT matters and NRC; Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. 2. The learned counsel for the petitioner has submitted that there has been an inadvertent error in the cause title of the writ petition, which has also occurred in the affidavit filed in support of the writ petition. Page No.# 3/3 3. It is submitted that the petitioner is a male and son of Late Majam Ali. However, in the cause title of the writ petition as well as in the affidavit filed in support of the writ petition, the petitioner, namely, Jasmat Ali is shown as wife of Raham Ali, daughter of Rakibul Hussain. 4. It is further submitted that a connected interlocutory application, being I.A.(Civil) No. 3691/2023 was filed for amendment of the cause title. However, having noted that there is also a mistake in the particulars against the name of the petitioner as sworn in the affidavit filed in support of the writ petition, she prays for liberty to withdraw this writ petition and approach again. 5. On the statement that there is an inadvertent error in the cause title as well as in the affidavit filed in support of the writ petition, the Court is inclined to allow the prayer. 6. Accordingly, the matter stands dismissed on withdrawal with liberty to approach again. 7. As the records are already received, Registry shall retain the records for 30 (thirty) days and thereafter, return the records. 8. Interim order passed on 18.10.2023 stands vacated. JUDGE JUDGE Comparing Assistant