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2025 DAILYLAW 24194 (GAU)

ANIMA DEY AND 3 ORS. v. UNION OF INDIA AND 6 ORS.

WP(C)/8686/2018 · 2025-11-09

Sanjay Kumar Medhi, Susmita Phukan Khaund

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010276882018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8686/2018 ANIMA DEY AND 3 ORS. W/O. LT. KRISHNA PADA DEY, AND DO. LT. HARENDRA KUMAR DAS, R/O. KRISHNAI, ASUDUBI, P.O. AND P.S. KRISHNAI, DIST. GOALPARA, ASSAM. 2: SMT. KAMINI DEY W/O. LT. SUBRATA DEY R/O. ASHUDUBI KRISHNAI KHARIJAPAIKAN P.O. AND P.S. KRISHNAI DIST. GOALPARA ASSAM. 3: MASTER BIBI DEY S/O. LT. SUBRATA DEY R/O. ASHUDUBI KRISHNAI KHARIJAPAIKAN P.O. AND P.S. KRISHNAI DIST. GOALPARA ASSAM. 4: SWETTA DEY S/O. LT. SUBRATA DEY R/O. ASHUDUBI KRISHNAI KHARIJAPAIKAN P.O. AND P.S. KRISHNAI DIST. GOALPARA ASSAM. SERIAL NO. 3 AND 4 ARE BEING MINORS BOTH OF THEM ARE REP. BY THEIR GRAND MOTHER SMT. ANIMA DEY AND MOTHER SMT. KAMINI DEY Page No.# 2/3 VERSUS UNION OF INDIA AND 6 ORS. BEING REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001. 2:THE STATE OF ASSAM BEING REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF HOME AFFAIRS DISPUR GUWAHATI DIST. KAMRUP (M) ASSAM. 3:THE DY. COMMISSIONER DIST. GOALPARA AT GOALPARA ASSAM. 4:THE SUPDT. OF POLICE (B) GOALPARA DIST. GOALPARA ASSAM. 5:THE OFFICER IN CHARGE KRISHNAI POLICE STATION KRISHNAI DIST. GOALPARA ASSAM. 6:THE ELECTION COMMISSIONER ASSAM DISPUR GUWAHATI-06. 7:THE NODAL OFFICER NATIONAL REGISTRAR OF CITIZENS OF INDIA ASSAM Advocate for the Petitioner : MR. D NANDI, MS. S ROY,MS P SARMAH,SC, ECI Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, F.T Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 10.11.2025 (S.K. Medhi, J) Heard Shri D. Nandi, learned counsel for the petitioners. Also heard Shri G. Sharma, learned Standing Counsel, Home Department, Shri S.K. Medhi, learned CGC and Shri A.I. Ali, learned counsel for the Election Commission. Four numbers of petitioners have joined together in presenting this petition under Article 226 of the Constitution of India challenging a judgment and order dated 01.01.2011 passed by the learned Foreigners Tribunal, Goalpara whereby one Subrata Dey was declared a foreigner. It is submitted that the aforesaid judgment was passed ex parte. The petitioners are the relatives of the deceased against whom the judgment was rendered. It however transpires that even at the time of presenting this writ petition, the opposite party against whom the proceeding was initiated had passed away. The learned counsel for the respondents have submitted that no action can be taken against any individual without there being any individual reference. That being the position, we are of the view that the present challenge is more of an academic nature and would have no effect on the writ petitioners. That being so, the writ petition stands closed. JUDGE JUDGE Comparing Assistant