DIPALI DAS @ DIPALI RANI DAS v. THE UNION OF INDIA AND 5 ORS.
WP(C)/749/2019 · 2025-11-23
Sanjay Kumar Medhi, Susmita Phukan Khaund
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 24574 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 24574 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010021932019
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/749/2019 DIPALI DAS @ DIPALI RANI DAS D/O- RAMCHARAN DAS, W/O- BASANTA CHANDRA DAS, R/O- VILL- BORDUBI, P.S. THELAMARA, DIST- SONITPUR, ASSAM, 784149 VERSUS THE UNION OF INDIA AND 5 ORS. THROUGH THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI- 110001 2:THE STATE OF ASSAM THROUGH THE SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6 3:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASOKA ROAD NEW DELHI- 110001 4:THE STATE CO-ORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GHY-5 5:THE DY. COMMISSIONER SONITPUR P.O. TEZPUR DIST- SONITPUR ASSAM
Page No.# 2/3 PIN- 784001 6:THE SUPERINTENDENT OF POLICE (B) SONITPUR P.O. TEZPUR DIST- SONITPUR ASSAM PIN- 78400 Advocate for the Petitioner : MR. S C BISWAS, MS A DAS,MR. F A HASSAN,MS A BORAH Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 24.11.2025 (S.K. Medhi
, J.) Heard Shri S.C. Biswas, learned counsel for the petitioner. Also heard Shri G. Sarma, learned Standing Counsel, NRC & Home Department; Shri HK Hazarika, learned Government Advocate, Assam; Shri A.I. Ali, learned Standing Counsel, ECI and Shri CKS Baruah, learned CGC. 2. In the instant case, the petitioner has put to challenge an opinion dated 27.03.2018 passed by the learned Foreigners’ Tribunal No. 8, Tezpur in F.T.(8) Case No. 2104/2017 whereby, the petitioner has been declared to be a foreigner post 25.03.1971. 3. In this case, notice was issued on 11.02.2019 and an interim order was also passed. 4. Shri Biswas, learned counsel for the petitioner has however submitted that the petitioner be given liberty to approach the appropriate authority for grant of
Page No.# 3/3 benefits under the CAA. 5. The learned counsel for the respondents have not opposed the aforesaid prayer. 6. Considering the above and by balancing the equities, the writ petitioner is given liberty to approach the appropriate authority for getting the benefit under the CAA. It is further provided that if such an approach by filing an application is made within a period of 3(three) weeks from today, the interim order passed by this Court on 11.02.2019 shall continue and would do so till disposal of such application.
It is however made clear that if the application is not filed within the stipulated time, the aforesaid protection would not apply. 7. The writ petition stands disposed of. 8. The records be immediately sent back to the concerned Tribunal. JUDGE JUDGE
Comparing Assistant