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2025 DAILYLAW 24954 (GAU)

KHUDEJA BIBI ALIAS KHORSHEDA BIBI ALIAS KHORSHEDA KHATUN v. THE UNION OF INDIA AND 7 ORS.

I.A.(Civil)/4142/2025 · 2025-12-17

Kalyan Rai Surana, Shamima Jahan

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/5 GAHC010280232025 2025:GAU-AS:17662-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4142/2025 KHUDEJA BIBI ALIAS KHORSHEDA BIBI ALIAS KHORSHEDA KHATUN WO LUTFUR HOQUE MANDAL, DO LATE KHALIL UDDIN MONDAL, ALIAS KHALIL UDDIN MUNSHI, RO VILL SAGOLCHARA PT I, PO HOWRARPAR, PS DHUBRI, DIST DHUBRI, ASSAM, PIN 783324 VERSUS THE UNION OF INDIA AND 7 ORS. REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, NEW DELHI 1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY DEPARTMENT OF HOME DISPUR GUWAHATI 6 ASSAM 3:THE CHIEF ELECTORAL OFFICER ASSAM DISPUR GUWAHATI 6 4:THE STATE COORDINATOR NATIONAL REGISTRAR OF CITIZEN ASSAM DISPUR GUWAHATI 6 5:THE ELECTION COMMISSION OF INDIA Page No.# 2/5 NIRVACHAN SADAN ASOKA ROAD NEW DELHI 1 6:THE MEMBER FOREIGNERS TRIBUNAL NO 1 DHUBRI ASSAM PIN 783301 7:THE DISTRICT ELECTION OFFICER DHUBRI ASSAM PIN 783301 8:THE SUPERINTENDENT OF POLICE (B) DHUBRI ASSAM PIN 78330 Advocate for the Petitioner : MR. I ALAM, MR. T SK Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, F.T,SC, NRC Linked Case : WP(C)/5664/2025 KHORSHEDA BIBI @ KHORSHEDA KHATUN W/O LUTFUR HOQUE MANDAL D/O LATE KHALIL UDDIN MONDAL @ KHALIL UDDIN MUNSHI RESIDENT OF VILLAGE SAGOLCHARA PT I PO HOWRARPAR P.S.- DHUBRI DISTRICT DHUBRI ASSAM PIN 783324 VERSUS THE UNION OF INDIA AND 7 ORS. REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME Page No.# 3/5 NEW DELHI 1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY DEPARTMENT OF HOME DISPUR GUWAHATI-6 ASSAM 3:THE CHIEF ELECTORAL OFFICER ASSAM DISPUR GUWAHATI 6 4:THE STATE COORDINATOR NATIONAL REGISTRAR OF CITIZEN ASSAM DISPUR GUWAHATI 6 5:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASOKA ROAD NEW DELHI 1 6:THE MEMBER FOREIGNERS TRIBUNAL NO 1 DHUBRI ASSAM PIN 783301 7:THE DISTRICT ELECTION OFFICER DHUBRI ASSAM PIN 783301 8:THE SUPERINTENDENT OF POLICE (B) DHUBRI ASSAM PIN 783301 ------------ Advocate for : MR. I ALAM Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS. Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 18.12.2025 (K.R. Surana, J) Heard Mr. T. Sk., learned for the applicant. Also heard Mr. H. Gupta, learned CGC; Mr. J. Payeng, learned standing counsel for the FT and Border matters; Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. H.K. Hazarika, learned Govt. Advocate for the State respondent. 2. By filing this interlocutory application, the applicant, who is the petitioner in the connected WP(C) 5664/2025 is praying to allow to incorporate the correct name and address of the writ petitioner as “Khudeja Bibi @ Khorsheda Bibi @ Khorsheda Khatun, W/o- Lutfur Hoque Mandal, D/o- Late Khalil Uddin Mondal @ Khalil Uddin Munshi, permanent address of Village- Sagolchara part-I, P.O.- Howrarpar, P.S.- Dhubri, Dist.- Dhubri, Assam, Pin- 783324, and Referral Address: Village- Jhagrarpar Pt-I, Dhubri, P.S & Dist.- Dhubri (Assam)”. 3. It is projected that by the name of Khudeja Bibi, the proceeding before the Foreigners Tribunal was registered. It is also submitted that although this Court by order dated 25.09.2025, passed in the connected WP(C) 5664/2025 had granted bail, but as the certified copy of the order does not contain the said name of Khudeja Bibi, the bail bond was not accepted. 4. Considering the explanation tendered, the prayer made in this Page No.# 5/5 interlocutory application is allowed. The applicant is permitted to amend the cause title of the connected WP(C) 5664/2025 by filing an amended cause title before the AO(J), FT Section by 19.12.2025 so that the amended cause title can be incorporated in the writ petition with suitable correction in the CIS. 5. 10 (ten) days further time is granted from the date of this order to the applicant to take bail in terms of order dated 25.09.2025, passed in WP(C) 5664/2025. 6. This order shall be read together with the order dated 25.09.2025, passed in WP(C) 5664/2025. 7. In the event the petitioner appears within the time allowed, the Superintendent of Police (Border), Dhubri shall do the needful in terms of the hereinbefore referred order dated 25.09.2025. 8. This interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant