Page No.# 1/5 GAHC010222882024 2025:GAU- AS:14418-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5595/2024 MAZIDA BEGUM @ MAJIDA BEGUM W/O- SAMAR ALI, D/O- ABDUL MAJID, VILLAGE- KASHIMPUR, P.O- KENDUKUCHI, P.S AND DIST- NALBARI, ASSAM VERSUS THE UNION OF INDIA AND 6 ORS REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SASTRI BHAWAN, NEW DELHI- 110001. 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE SUPERINTENDENT OF POLICE (B) NALBARI ASSAM PIN-781337 4:THE DEPUTY COMMISSIONER NALBARI ASSAM PIN-781337 5:THE ELECTION COMMISSION OF INDIA NEW DELHI-110001 Page No.# 2/5 6:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.S ROAD. BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M Advocate for the Petitioner : MR S C PANDIT, MR N K KAKATI,MD S ULLAH Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 28.10.2025 (K.R. Surana, J) Heard Mr. S. C. Pandit, learned counsel for the petitioner as well as all the respondents. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the ex parte opinion dated 30.03.2022, passed by the learned Member, Foreigners Tribunal, Nalbari 1st (Assam) in F.T. Case No. (N) 2460/06 arising out of S.P. Ref. No. [I.M(D)T Case No.] 636/2003, thereby holding the petitioner to be an illegal migrant of post 25.03.1971 stream. 3. The petitioner has assailed the impugned opinion on two grounds. Firstly, Page No.# 3/5 on the ground that the notice was not properly served in accordance with law and secondly, that the name of the father of the petitioner is Abdul Majid and not Md. Fakir Ali, as projected in the notice as well as in the impugned opinion. 4. The learned standing counsel for the FT matters has opposed the prayer made in this writ petition and has made submissions in support of the impugned opinion. 5. On a perusal of the records of the learned Tribunal which had been called for, the Court takes note of the fact that as per the service report dated 24.10.2019, submitted by the concerned Head Constable (Border) who had been assigned the duty to serve notice, it has stated therein that the notice was pasted on the branch of a tree in a public place and the original was returned along with the signature of the Gaonburah of the said Lot. 6. In this regard, the Court is inclined to extract the provisions of the Order 3 (5) (f) of the Foreigners (Tribunals) Order, 1964:- “if the proceedee has changed the place of residence or place of work, without intimation to the investigating agency, the process server shall affix a copy of the notice on the outer door or some other conspicuous part of the house in which the proceedee ordinarily resides or last resided or reportedly resided or personally worked for gain or carries on business, and shall return the original to the Foreigners Tribunal from which it was issued with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did do, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed”. 7. Accordingly, it is the mandate of the said provision that the process server is required to affix the copy of the notice from the out of door or some other conspicuous part of the house in which the proceedee originally resided or last resided. This legal aspect ought to have been examined and/or taken note of Page No.# 4/5 before the Tribunal had accepted the process server’s report. 8. Resultantly, the notice having not been served in accordance with law, is found to vitiate the ex parte opinion dated 30.03.2022, passed by the learned Member, Foreigners Tribunal, Nalbari 1st (Assam) in F.T. Case No. (N) 2460/06 arising out of S.P. Ref. No. [I.M(D)T Case No.] 636/2003. 9. Accordingly, the said ex parte opinion dated 30.03.2022, passed by the learned Member, Foreigners Tribunal, Nalbari 1st (Assam) in F.T. Case No. (N) 2460/06 arising out of S.P. Ref. No. [I.M(D)T Case No.] 636/2003, is hereby set aside. 10. The petitioner, who is duly represented by her learned counsel, is directed to appear before the learned Member, Foreigners Tribunal, Nalbari 1st (Assam) in F.T. Case No. (N) 2460/06 arising out of S.P. Ref. No. [I.M(D)T Case No.] 636/2003 on or before 21.11.2025 without any requirement of service of any fresh notice of appearance, and file her written statement of defence. Accordingly, by producing a certified copy of the order, await for further orders/instructions from the said learned Tribunal. Thereafter, the learned Tribunal shall give sufficient time to the petitioner to prove her documents and to produce her witnesses. 11. The petitioner shall take note that no further notice of the Tribunal is required for appearance as indicated above. 12. In the event, the petitioner remains absent on call, it would be open to the said learned Tribunal to treat the petitioner as absent on call and proceed in the matter in accordance with law. 13. The Registry shall send back the records forthwith to the concerned Page No.# 5/5 Tribunal. 14. The writ petition stands allowed to the extent as indicated above. JUDGE JUDGE Comparing Assistant