Page No.# 1/4 GAHC010265752024 2025:GAU-AS:6142- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1720/2025 FULMALA @ FULMALA BEGUM D/O- LATE ABED ALI, W/O- LATE BUDU SHEIKH, VILLAGE- BAGARIBARI, P.S.- DALGAON, DIST.- DARRANG, ASSAM- 784115. VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILAK MARG, NEW DELHI- 110001. 2:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001. 3:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06. 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZEN GS ROAD BHANGAGARH Page No.# 2/4 GUWAHATI- 781005. 5:THE DISTRICT COMMISSIONER DARRANG MANGALDAI ASSAM- 784125. 6:THE SUPERINTENDENT OF POLICE(B) DARRANG MANGALDAI ASSAM- 784125 Advocate for the Petitioner : MD S HOQUE, MS B A AHMED,MR. M DEKA,MR M HOQUE Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, ECI,SC, F.T,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 16.05.2025 (K.R. Surana, J) Heard Md. S. Hoque, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned CGC, Mr. G. Sarma, learned Standing Counsel for FT matters, Mr. M. Islam, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel for ECI, and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing of notice issued on 31.08.2024 in connection with F.T. Case No. FT4th/13/SHYM/19, thereby, requiring appearance of the petitioner on 04.10.2024. 3. The case of the petitioner is that by an opinion dated 28.08.2023, passed Page No.# 3/4 by the learned Member, Foreigners Tribunal (4th) Darrang, Mangaldai, in F.T. 4th Case No. 27/SHYM/2019 in F.T. Case No. 4558/12 arising out of Ref. F.T. Case No. 218/07 dated 30/06/07 she was already declared to be a foreigner of 25.03.1971 stream. 4. This Court by an order dated 28.03.2025 had posted a query to the learned Counsel for the petitioner as to whether the previous opinion was brought to the notice of the learned Tribunal. In response to the said query, the learned counsel for the petitioner has submitted as per instructions received by him, the petitioner has not brought the previous opinion to the notice of the said learned Tribunal. 5. By order dated 09.04.2025, the Court had asked the learned Standing Counsel for the FT matters to obtain instructions regarding issuance of notice dated 31.08.2024, by the same learned Tribunal after delivery of opinion dated 28.08.2023, passed by the learned Member, Foreigners Tribunal (4th) Darrang, Mangaldai in F.T. 4th Case No. 27/SHYM/2019 in F.T. Case No. 4558/12 arising out of Ref. F.T. Case No. 218/07. 6. By an order dated 02.05.2025, the matter was deferred to enable the learned Standing Counsel for the FT matters to obtain instructions. 7. Upon instructions, the learned Standing Counsel for the FT matters has submitted that he has not received any written instructions. 8. Under the circumstances, having noted that in connection with the Superintendent of Police (Border)’s reference no. F.T. Case No. 218/07 dated 30/06/07, in respect of which a fresh notice was issued on 31.08.2024, which is already an opinion rendered by the said learned Tribunal on 28.08.2023 in Page No.# 4/4 connection with F.T. 4th Case No. 27/SHYM/2019 in F.T. Case No. 4558/12 arising out of Ref. F.T. Case No. 218/07. 9. Under such circumstances, the Court is inclined to close the writ petition with a direction to the petitioner to appear before the learned Tribunal, either in person or through a duly instructed learned counsel so as to bring the previous opinion to the notice of the learned Tribunal. Thereafter, the said learned Tribunal shall pass an appropriate order in connection with the said notice dated 31.08.2024. 10. Order if any passed by the said learned Tribunal with a direction to the Court shall be communicated to the Superintendent of Police (Border), Darrang, Mangaldai. 11. Let a copy of this order be also transmitted to the Secretary to the Government of Assam, Home and Political (B) Department so as to examine as to how after rendition of opinion, fresh notice can be issued to the petitioner. Accordingly, the learned Standing Counsel for the FT matters shall communicate a copy of this order to the said authorities. 12. This writ petition stands disposed of at the motion stage without issuance of notice on the respondents. JUDGE JUDGE Comparing Assistant