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2025 DAILYLAW 19527 (GAU)

MUSSTT JAHANARA BEGUM v. THE UNION OF INDIA AND 6 ORS

WP(C)/5240/2024 · 2025-04-28

Kalyan Rai Surana, Malasri Nandi

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010213002024 2025:GAU-AS:5183- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5240/2024 MUSSTT JAHANARA BEGUM W/O- ABDUL BASIR, VILL- EAST FUTALJAR, P.S.- RUPAHIHAT, DIST.- NAGAON, ASSAM, PIN- 782128. VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY, HOME AFFAIRS, NEW DELHI, DELHI-01. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSION OF INDIA NIRVACHAN ASHOKA ROAD NEW DELHI. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 4:THE SPECIAL COUNCEL OF NRC GOVT. OF ASSAM. Page No.# 2/3 5:THE SUPERINTENDENT OF POLICE BORDER NAGAON ASSAM PIN- 782003 6:THE OFFICER-IN-CHARGE POLICE STATION NAGAON ASSAM. PIN- 781335. 7:THE DEPUTY COMMISSIONER NAGAON DISTRICT- NAGAON ASSAM. PIN- 782003 Advocate for the Petitioner : MR. R C DAS, A JUBARIA,MR. H RAHMAN,MR S HUSSAIN Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 29.04.2025 (K.R. Surana, J) Heard Mr. R.C. Das, learned counsel for the petitioner. Also heard Mr. G. Sharma, learned standing counsel for the FT matters and NRC and Mr. P. Sarmah, learned Additional Senior Government Advocate for the State. 2. We notice from the cause title that the party arrayed as respondent no.4 is the learned Special Counsel for NRC, Govt. of Assam. There is no averment in this writ petition that there is any cause of action against the learned standing counsel for the NRC appearing before the Court. Moreover, there is lack of any averment against the respondent no.4 and no relief is claimed against any Page No.# 3/3 action on part of the respondent no.4. Therefore, we deem it appropriate to dismiss this writ petition owing to defect in the cause title and the presentation of this writ petition. 3. However, taking note of the fact that the petitioner is agitating her citizenship right, which is considered to be a valuable right, we grant liberty to the petitioner to approach this Court again. 4. The Tribunal’s records, which has been received, shall be retained by the Registry for a period of 1(one) month from the date of this order. 5. Interim order dated 04.10.2024 stands vacated. JUDGE JUDGE Comparing Assistant