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2025 DAILYLAW 26050 (GAU)

HABIJUL ISLAM v. THE UNION OF INDIA AND 5 ORS

WP(C)/6823/2025 · 2025-12-02

Kalyan Rai Surana, Yarenjungla Longkumer

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010265172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6823/2025 HABIJUL ISLAM S/O NASIMUDDIN R/O VILL.- DALGAON KHUTI P.O. AND P.S.- DALGAON DIST.- DARRANG, ASSAM. VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA, HOME AFFAIRS DEPARTMENT, NEW DELHI-01. 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 NEW DELHI-01 INDIA. 4:THE STATE CO-ORDINATOR NRC ASSAM. 5:THE DISTRICT COMMISSIONER DARRANG MONGALDAI DIST.- DARRANG ASSAM. PIN- 784115 6:THE SUPERINTENDENT OF POLICE (B) Page No.# 2/3 DARRANG DISTRICT- DARRANG ASSAM. PIN- 78411 Advocate for the Petitioner : MR A ALI, MS K TAYE,MS. M KHATUN Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, F.T,SC, NRC BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 03.12.2025 (K.R. Surana, J) Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. M.R. Adhikari, learned CGC; Ms. A. Verma, learned standing counsel for the FT matters; Mr. G. Sarma, learned standing counsel for NRC; 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, who projects himself to be the son of the proceedee, namely, Nasimuddin, has assailed the impugned opinion dated 22.08.2019, passed by the learned Member, Foreigners’ Tribunal (5th), Darrang, Mangaldai in Case No. FT(V) 2210/2016, arising out of S.P. Enquiry No. 6274/98, by which the petitioner was declared as an illegal migrant. 3. On a query of the Court as to why this writ petition would be maintainable to assail the opinion rendered against his projected father, the learned counsel for the petitioner seeks leave of the Court to withdraw this writ petition, with liberty to approach the Court again for seeking a direction upon Page No.# 3/3 the respondent authorities to allow the petitioner to meet his projected father to obtain his signature on the vakalatnama, as he was taken into custody on 25.05.2025 and is allegedly lodged in the Holding Centre at 7th Assam Police Battalion, Charaikhola, Kokrajhar. 4. Prayer is considered and allowed. 5. This writ petition stands closed on withdrawal, with liberty to the petitioner to approach the Court again seeking visitation rights to meet his projected father for obtaining his signature on the vakalatnama. JUDGE JUDGE Comparing Assistant