Page No.# 1/5 GAHC010267882025 2025:GAU- AS:17136-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7064/2025 MUSSTT. ANOWARA KHATUN ALIAS ANOWARA BEGUM D/O.- LT ISHAR ALI ALIAS UMOR ALI, W/O JAHABOXO SK, R/O.- VILLAGE- BHANDARA PART- I, MANIKPUR, SUB-DIVN- BIJNI, DIST. BONGAIGAON, ASSAM VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, HOME DEPARTMENT, NEW DELHI-1. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GHY-06. 3:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOK ROAD NEW DELHI-110001. 4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GUWAHATI-05. 5:THE DISTRICT COMMISSIONER BONGAIGAON Page No.# 2/5 DIST. BONGAIGAON ASSAM PIN- 783380. 6:THE SUPERINTENDENT OF POLICE (B) BONGAIGAON DIST. BONGAIGAON ASSAM PIN- 783380. 7:THE OFFICER-IN-CHARGE MANIKPUR POLICE STATION BONGAIGAON DIST. BONGAIGAON ASSAM-783392 Advocate for the Petitioner : MR. M I HUSSAIN, MS. P AHMED,R KHA,N. UDDIN Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 10.12.2025 (K.R. Surana, J) Heard Mr. M.I. Hussain, learned counsel appearing for the petitioner. Also heard Mr. P. Sarma, learned Addl. Senior Government Advocate, Mr. G. Sarma, learned Standing Counsel, NRC and Ms. S. Kataky, learned Standing Counsel, ECI for the respondents. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner namely Musstt. Anowara Khatun alias Anowara Begum has assailed the impugned ex-parte opinion dated 02.08.2024 passed by the learned Member, Foreigners’ Tribunal No.1, Bongaigaon, Assam, in F.T. Case No. Page No.# 3/5 BNGN/FT/722/2010, arising out of Ref. P.E. Case No. 880/02, thereby, declaring the petitioner to be foreigner post 25.03.1971 stream. 3. The learned counsel for the petitioner, by referring to the contents of the said ex-parte opinion dated 02.08.2024 as well as the process service report which forms a part of Annexure 13, has submitted that the notice of the proceedings was affixed by hanging it in front of a Fair Price Shop located in presence of a witness. Accordingly, it is submitted that the service of notice was not in accordance with Order 3(5)(f) of the Foreigners’ (Tribunals) Order, 1964, which requires that the notice shall be affixed on the outer door or some other conspicuous part of the house in which the proceedee last resided. 4. Per contra, the learned Standing Counsel made a submission in support of the ex-parte opinion and he submitted that the process was served in front of the fair price shop of the village. Accordingly, he submits that the two service of notice on the petitioner. 5. It would be appropriate to corporate with the provisions of Order 3(5)(f) of the Foreigners’ (Tribunals) Order, 1964:- “Order - 3. Procedure for disposal of questions. (5)(f) if the proceedee has changed the place of residence or place of work, without intimation to the investigating agency, the process server shall affix a copy of the notice on the outer door or some other conspicuous part of the house in which the proceedee ordinarily resides or last resided or reportedly resided or personally worked for gain or carries on business, and shall return the original to the Foreigners Tribunal from which it was issued with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did do, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed;” 6. A rough English translation of the process report dated 24.08.2023 is also extracted below:- Page No.# 4/5 “Sir/Madam, We arrived in the last residential address of the lady mentioned in the notice at village- No. 6 Jamdaha and in presence of two permanent residents we served the duplicate copy of the notice by hanging infront of the Fair Price Shop and send back the original copy to the Hon'ble Court after taking signature of both the witnesses. Yours faithfully 1. Sd- H/C(B) Badruddin Khan 2. Sd- Illegible 24/8/2023 Notice returning after hanging procedure and with the report of HC (b) CN(B). Sd-Illegible Manikpur P.S Border IC 24/8/2023” 7. From the contents of the impugned ex-parte opinion dated 02.08.2024, it does not appear that the petitioner was last working at the Fair Price Shop where the process was hanged. As per the notice, the address furnished by the Police was village No. 6 Jamdaha, P.S Manikpur district Bongaigaon. 8. Accordingly, the Court is of the considered opinion that no purpose will be served to call for the record and keep the matter pending as the notice was not shown to have been served at the last known address of the petitioner in terms of the requirement of Order 3(5)(f) of the Foreigners’ (Tribunals) Order, 1964. 9. Accordingly, this Court is inclined to interfere with the ex-parte opinion dated 02.08.2024, so as to give an opportunity to the petitioner to contest the proceedings. Accordingly, the said ex-parte opinion is set aside. 10. The matter is remanded back to the said learned Tribunal for passing a fresh opinion in the matter by giving reasonable opportunity to the petitioner to file her written statement and to produce evidence in support of her defence. Page No.# 5/5 11. The petitioner, who is duly represented by her learned counsel is directed to appear before the Foreigners’ Tribunal No. 1, Bongaigaon and by producing a certified copy of the order, with the outer time limit of 09.01.2026 and file her written statement of defence along with copies of all relevant documents. 12. The learned Tribunal shall give reasonable time to the petitioner to produce her witnesses and to exhibit the documents. Thereafter, the opinion shall be pass by the said learned Tribunal in accordance with law. 13. Accordingly, the writ petition stands allowed to the extent as stated above at the motion stage, without issuance of notice to the respondents. JUDGE JUDGE Comparing Assistant