ON THE DEATH OF BHANU BISWAS HIS LEGAL HEIRS SRI SURYA KANTA BISWAS v. THE UNION OF INDIA
I.A.(Civil)/4137/2025 · 2025-12-16
Kalyan Rai Surana, Shamima Jahan
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 25984 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 25984 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/4 GAHC010280402025
2025:GAU-AS:17471-DB
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4137/2025 ON THE DEATH OF BHANU BISWAS HIS LEGAL HEIRS SRI SURYA KANTA BISWAS S/O LATE BHANU BISWAS, RESIDENT OF VILLAGE - SALMARA, P.S. BOKO, DISTRICT - KAMRUP R, ASSAM. PIN -781123 VERSUS THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI 110001 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI -781006 DISTRICT - KAMRUP M ASSAM. 3:THE DEPUTY COMMISSIONER KAMRUP R P.O. AMINGAON DISTRICT - KAMRUP ASSAM. PIN 781039 4:THE SENIOR SUPERINTENDENT OF POLICE (B) GUWAHATI DIST. - KAMRUP M ASSAM. PIN -781001 5:THE OFFICER IN CHARGE BOKO POLICE STATION
Page No.# 2/4 DIST.- KAMRUP R ASSAM. PIN -78112 Advocate for the Petitioner : MR D K DEY, MS T DEBNATH,B S CHOWDHURY Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,GA, ASSAM,SC, NRC Linked Case : WP(C)/2596/2019 BHANU BISWAS S/O LT. NAGARBASI BISWAS ALIAS LATE NAGAR CHANDRA BISWAS VILL. SALMARA P.S. BOKO DIST.- KAMRUP(R) ASSAM- 781123. VERSUS UNION OF INDIA AND 4 ORS. THROUGH THE SECRETARY MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NEW DELHI-110001. 2:THE STATE OF ASSAM THROUGH THE SECRETARY GOVT. OF ASSAM HOME DEPTT. DISPUR GHY.- 781006. 3:THE DY. COMMISSIONER KAMRUP(R) P.O. AMINGAON (ASSAM) PIN- 781039. 4:SENIOR SUPERINTENDENT OF POLICE (B) GUWAHATI DIST. KAMRUP(R) PIN- 781001. 5:OFFICER-IN-CHARGE
Page No.# 3/4 BOKO P.S.
DIST. KAMRUP(R) ASSAM- 781123. ------------ Advocate for : MR G P BHOWMIK Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 17.12.2025 (K.R. Surana, J) Heard Mr. D.K. Dey, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC; Mr. N. Kalita, learned counsel appearing on behalf of the Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent. 2. The applicant is the elder son of Bhanu Biswas, petitioner in WP(C) 2596/2019. The said writ petition was filed to assail the opinion dated 21.11.2018, passed by the learned Member, Foreigners Tribunal No. 2, Kamrup, Boko in BFT Case No. 1655/2016. 3.
During the pendency of the said writ petition, the writ petitioner, namely, Bhanu Biswas died on 20.05.2019, leaving behind 2 (two) sons out of which applicant is the elder son. The learned counsel for the applicant has submitted that the younger son is also a proceedee before the Foreigners Tribunal and he has separately filed another writ petition being WP(C)/ 2590/2019 to assail the same opinion. Page No.# 4/4
4. Accordingly, prayer is made for substitution the applicant as the representee of the deceased petitioner. 5. Having heard the learned counsel standing counsel for the FT matters, the application stands allowed. 6. The applicant namely, Surya Kanta Biswas, is allowed to substituted on the death of Bhanu Biswas. 7. Accordingly, this application stands allowed. JUDGE JUDGE Comparing Assistant