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2025 DAILYLAW 24257 (GAU)

HASAN ALI v. THE UNION OF INDIA AND 6 ORS.

WP(C)/4240/2020 · 2025-11-09

Sanjay Kumar Medhi, Susmita Phukan Khaund

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010127392020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4240/2020 HASAN ALI S/O. LT. RAJ ALI, VILL. BHELOWGURI, P.S. DOBOKA, PIN-782440, DIST. HOJAI, ASSAM. VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001. 2:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSION OF INDIA NIRVACHAN BHAWAN ASHOKA ROAD NEW DELHI. 3:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-06. 4:THE NATIONAL REGISTER OF CITIZEN REP. BY THE STATE COORDINATOR ACHYUT PLAZA BHANGAGARH GUWAHATI-05 DIST. KAMRUP(M) ASSAM. 5:THE DY. COMMISSIONER Page No.# 2/3 HOJAI DIST. HOJAI ASSAM. 6:THE FOREIGNERS TRIBUNAL 10TH NAGAON DIST. NAGAON ASSAM PIN-78 7:THE SUPERINTENDENT OF POLICE (B) HOJAI P.O. AND P.S. HOJAI DIST. HOJAI ASSAM Advocate for the Petitioner : MR J C GOGOI, Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, ECI,SC, F.T BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 10.11.2025 (S. K. Medhi, J) Heard Shri S. Ahmed, learned counsel for the petitioner. Also heard Shri G. Sarma, learned counsel for the Home Department and NRC; Shri A. I. Ali, learned counsel for the ECI and Shri S. K. Medhi, learned CGC. The writ petition was instituted in the year 2020 against an order dated 09.12.2019 passed by the learned Foreigners’ Tribunal, Nagaon No. 10, Daboka by which the petitioner was declared as a foreigner. The order appears to have been passed ex-parte. It however transpires that the petitioner had passed away in 2021 and due to certain communication gap, the said fact was not Page No.# 3/3 brought to the notice of this Court. On the last occasion, i.e. 24.10.2025, the learned counsel for the petitioner was granted time to obtain instructions. Though Shri Ahmed, the learned counsel for the petitioner has submitted that application for substitution would be filed, we are for the view that for the present subject matter of challenge there would not be any requirement of substitution as there would be no subsisting cause of action surviving on the death of the petitioner. Accordingly, the writ petition stands closed. JUDGE JUDGE Comparing Assistant