Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 25264 (GAU)

MONOMATI ROY v. THE UNION OF INDIA and 3 ORS

WP(C)/2965/2017 · 2025-11-17

Pranjal Das, Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010023302017 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2965/2017 MONOMATI ROY W/O SUKUMAR ROY @ SUKUMAR ROY R/O VILL- MOISACHAR PT.I, P.O. and P.S. AGOMONI DIST. DHUBRI, ASSAM VERSUS THE UNION OF INDIA and 3 ORS REP. BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 3:THE SECRETARY TO THE GOVT. OF ASSAM POLITICAL B DEPARTMENT DISPUR GUWAHATI-6. 4:THE SUPERINTENDENT OF POLICE B DHUBRI ASSAM 5:THE DEPUTY COMMISSIONER DHUBRI P.O. and DIST. DHUBRI ASSA Page No.# 2/3 Advocate for the Petitioner : MR.K DAS, MR.M SARMA,MS.K DEVI Advocate for the Respondent : GA, ASSAM, ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 18.11.2025 Heard Ms. K Devi, learned counsel for the petitioner. The present challenge was instituted against an opinion dated 05.04.2017 passed by the learned Member, Foreigners Tribunal 10th, Dhubri, Assam in Case No. FT(10)/AGM/272/2016 (Reference Case FT Case No. 9926/GKJ/II and Reference ‘D’ Voter Case No. 268/D/07 whereby the petitioner was declared as a foreigner of post 25.03.1971. Though this writ petition was instituted in the year 2017 and is pending since then, Ms. Devi, learned counsel for the petitioner has informed that the hearing of this matter had taken place earlier which, however, did not culminate in any judgment. The learned counsel has, however, informed this Court that after the enactment of the Citizenship Amendment Act (CAA), there are certain developments under which the petitioner has applied for getting the benefits. She submits that instructions have been given to her to withdraw the challenge. Shri G Sarma, learned Standing Counsel, Home Department and Shri HK Hazarika, learned State Counsel, Assam do not object to the aforesaid prayer for withdrawal. The writ petition accordingly stands dismissed on withdrawal. Page No.# 3/3 The impugned aforesaid opinion dated 05.04.2017 shall not come in to the way for consideration of the case of the petitioner under the CAA. JUDGE JUDGE Comparing Assistant