Page No.# 1/6 GAHC010274092025 2025:GAU- AS:17474-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7277/2025 MD KAMRUL HAQUE ALIAS KAMRUL HOQUE S/O-LT. MD. AHMAD ALI ALIAS AHAMMAD ALI R/O VILL. NO. 6 JAMDOHA P.O.- BHANDARA BAZAR, P.S. - MANIKPUR SUB-DIVISION-BIJNI DIST -BONGAIGAON, ASSAM VERSUS THE UNION OF INDIA AND OTHRS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, HOME DEPARTMENT, NEW DELHI-1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 06. 3:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOK ROAD NEW DELHI PIN-110001. 4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GUWAHATI- 05 Page No.# 2/6 5:THE DISTRICT COMMISSIONER BONGAIGAON DIST. BONGAIGAON ASSAM PIN - 783380. 6:THE SUPERINTENDENT OF POLICE (B) BONGAIGAON DIST. BONGAIGAON ASSAM. PIN-783380. 7:THE OFFICER IN CHARGE MANIKPUR POLICE STATION DISTRICT- BONGAIGAON ASSAM PIN-78339 Advocate for the Petitioner : MR. M I HUSSAIN, MS. P AHMED,R KHA Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 17.12.2025 (Shamima Jahan, J) Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC; Ms. A. Verma, learned standing counsel the FT & Border matters; Ms. S. Katakey, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Md. Kamrul Haque @ Kamrul Hoque has assailed the impugned ex parte opinion dated 23.06.2023, passed by the learned Member, Foreigners’ Tribunal No.1, Bongaigaon, Assam, in Case No. BNGN/FT/1389/2010, arising out of Ref. IM(D)T No. 1117/2001, thereby, Page No.# 3/6 declaring the petitioner to be foreigner post 25.03.1971 stream. 3. The learned counsel for the petitioner, by referring to the contents of the said ex parte opinion dated 23.06.2023 as well as the process service report which forms a part of Annexure-9, has submitted that the notice of the proceedings was affixed by hanging it in the compound of Bhandara Gaon Panchayat on 28.06.2022 in presence of witnesses. Accordingly, it is submitted that the service of notice was not in accordance with Order 3(5)(f) of the Foreigners’ (Tribunals) Order, 1964, which requires that the notice shall be affixed on the outer door or some other conspicuous part of the house in which the proceedee last resided. 4. Per contra, the learned Standing Counsel made a submission in support of the ex parte opinion and he submitted that the process was served by hanging it in the compound of Bhandara Gaon Panchayat. Accordingly, he submits that there was due service of notice on the petitioner. 5. It would be appropriate to quote the provisions of Order 3(5)(f) of the Foreigners (Tribunals) Order, 1964:- “Order - 3. Procedure for disposal of questions. (5)(f) 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;” 6. A rough English translation of the process report dated 29.06.2022 is also extracted below:- Page No.# 4/6 “Translated Typed Copy (Relevant Portion) I/C (B) Manikpur P.S. PL serve and return early. 1. HC (B) Jiten Das 2. CN (B) Bijit Muchahary PL serve and return early. Sd/- Illegible I/C Border, Bongaigaon 24/06/22 1st witness Sd- Hikmot Ali President/Secretary 6 No. Jamadaha V.D.P. 28-06-2022 2nd witness Sd/- Illegible Kasem Ali S/O Lt. Sanser Ali 28-06-22 Sir/madam With due respect, as per direction of Hon’ble Court, the notice is served by hanging in the compound of Bhandara Gaon Panchayat and returned the original copy to the Hon’ble Court after taking signature in the presence of the witnesses. Yours faithfully 1. Sd- H/C (B) Jiten Das 2. C/N (B) Bijit Muchahry Date- 29-06-22 Notice, returning after hanging procedure and with the report of CN(B). Seen Sd/- Ratan J. Bargayary Forwarded. Member (Attached) Foreigners Tribunal No.1, Bongaigaon (Assam) Sd- I/C Border Branch Bongaigaon Page No.# 5/6 30-06-22 7. From the contents of the impugned ex parte opinion dated 23.06.2022, it does not appear that the petitioner was last working at the Bhandara Gaon Panchayat, where the process was hanged. However, as per the said ex parte opinion, the notice was served by hanging copy at a conspicuous part of the residence of the petitioner, which is not correct and contrary to process service report. 8. Accordingly, the Court is of the considered opinion that no purpose will be served to call for the record and keep the matter pending as the notice was not shown to have been served at the last known address of the petitioner in terms of the requirement of Order 3(5)(f) of the Foreigners (Tribunals) Order, 1964. 9. Accordingly, this Court is inclined to interfere with the ex parte opinion dated 23.06.2023, so as to give an opportunity to the petitioner to contest the proceedings. Accordingly, the said ex parte opinion is set aside. 10. The matter is remanded back to the said learned Tribunal for passing a fresh opinion in the matter by giving reasonable opportunity to the petitioner to file his written statement and to produce evidence in support of his defence. 11. The petitioner, who is duly represented by his learned counsel is directed to appear before the learned Foreigners’ Tribunal No. 1, Bongaigaon and by producing a certified copy of the order, within the outer time limit of 09.01.2026, shall file his written statement of defence along with copies of all relevant documents. 12. The learned Tribunal shall give reasonable time to the petitioner to Page No.# 6/6 produce his witnesses and to exhibit the documents. Thereafter, the opinion shall be passed by the said learned Tribunal in accordance with law. 13. Accordingly, the writ petition stands allowed to the extent as stated above at the motion stage, without issuance of notice to the respondents. JUDGE JUDGE Comparing Assistant