Page No.# 1/5 GAHC010144582025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3822/2025 MD RAHIJ UDDIN @ RAHIJUDDIN @ ROHIJ UDDIN S/O LT. BAKKAR ALI, P/R/O VILL- PANIKHAITI, P.S.- BOKO, DIST- KAMRUP, ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN-110001 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NEW DELHI-110001 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006 4:THE DISTRICT COMMISSIONER BARPETA PIN-781301 5:THE SUPERINTENDENT OF POLICE (B) BARPETA PIN-781301 6:THE COORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGARH Page No.# 2/5 GUWAHATI-78100 Advocate for the Petitioner : MR A W AMAN, S T AMAN,MD A RAHMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, F.T,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 12.11.2025 (S.P. Khaund, J) 1. The instant petition under Article 226 of the Constitution of India has been instituted challenging an opinion/order dated 17.07.2023 passed by the learned Member, Foreigners' Tribunal (7th), Barpeta in F.T. Case No.111/2019 arising out of Reference Case No. 5155/98. By the impugned opinion/order, the petitioner has been declared a foreigner of post 25.03.1971 stream. The primary ground of challenge is that the order is an ex parte one whereby the petitioner was deprived of a fair and reasonable opportunity to defend himself. 2. As per the facts projected, a notice was issued by the Foreigners’ Tribunal on 10.03.2023, returnable on 24.04.2023. The report of the Process Server dated 28.04.2023, in the Trial Court Records reveals that notices could not be served even after diligently searching for the petitioner near his place of residence. The Process Server has reported that after thoroughly searching for the petitioner, it was learnt that the petitioner left his residence without informing the Investigating Agency. The petitioner’s last place of residence also Page No.# 3/5 could not be traced out. A copy of the notice was pasted on the notice board of the Office of the Gaonburha in presence of witnesses. On receipt of the Process Server’s report, the Tribunal passed an order on 04.05.2023, that the notice has been deemed to be served under Order 3(5)(f) of the Foreigners (Tribunals) Order, 1964. The learned Tribunal thereafter allowed several opportunities to the petitioner to appear and contest the case and several dates were fixed on 12.05.2023, 20.05.2023, 29.05.2023, 07.06.2023, 17.06.2023 and 17.07.2023 on which date the matter was taken up for final disposal culminating in the impugned opinion. 3. We have heard Shri A. W. Aman, learned counsel for the petitioner. Also heard Shri M.R. Adhikari, learned CGC; Shri G. Sarma, learned Standing Counsel for the Home Department and NRC; Shri N. Kalita, learned counsel appearing on behalf of Shri A.I. Ali, learned Standing Counsel for the ECI; and Shri P. Sarma, learned Additional Senior Govt. Advocate for the State. 4. Shri A. W. Aman, the learned counsel has primarily based his argument on the aspect that the notice was not served as per Provisions of Order 3(5)(f) of the Foreigners (Tribunals) Order, 1964. It is submitted that there is no provision to hang the notice in the notice board of the Gaonburha’s Office. 5. Learned Standing Counsel for the FT and Border matters, Mr. G. Sharma has strenuously opposed the writ petition. He has submitted that the conduct of the procedee is under cloud as the procedee left his place of residence without informing the Investigating Officer despite the fact that he was wary of the inquiry and investigation against his citizenship. Page No.# 4/5 6. As contended by the learned counsel for the petitioner and as observed by this Court, it is apparent that notice was not served as per Order 3(5)(f) of the Foreigner’s Tribunals Order, 1964, as the notice was pasted on the notice board of the Gaonburha’s Office. The copy of the notice was not affixed on the outer door or some other conspicuous part of the last residence of the procedee/petitioner. It is true that the process server’s report depicts that the petitioner’s residence could not be traced out in the given address. Nevertheless, it is held that notice was not served as per Order 3(5)(f) of the Foreigners (Tribunals) Order, 1964. It appears that equity will prevail if the procedee/petitioner is accorded another opportunity to appear before the Tribunal and place his case. 7. The requirement of law is, if the petitioner has changed the place of residence 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 petitioner ordinarily resides or last resided or reportedly resided and shall return the original to the Foreigners Tribunal. The records of this case which has been transmitted pursuant to the orders passed earlier, however shows that the Process Server’s report reflects that the procedee could not be traced out in the given address. This impelled the Process Server to paste the notice on the notice board of the Gaonburha’s Office. 8. We have however noticed that despite the aforesaid grounds, the learned Tribunal accorded an opportunity to the petitioner to appear and contest the case. Page No.# 5/5 9. Considering the facts and circumstances, we are of the view that while the petitioner would be entitled to some relief, that has to be subjected to certain costs. Accordingly, the impugned opinion dated 17.07.2023 passed by the learned Member, Foreigners' Tribunal (7th), Barpeta in F.T. Case No.111/2019 arising out of Reference Case No. 5155/98 is hereby set aside, subject to payment of cost of Rs. 5000/- (Rupees Five Thousand) only in favour of Gauhati High Court Bar Association Welfare Fund A/C No. 34778155050. 10. We also direct the petitioner to appear and file the written statement before the concerned Foreigners Tribunal on 25.11.2025 along with a certified copy of this order, whereafter the learned Tribunal would take charge of the proceeding and complete the same expeditiously and in accordance with Order 3(14) of the Foreigners (Tribunals) Order, 1964. 11. Writ petition stands allowed in the manner as indicated above. 12. Send back the Trial Court Records forthwith along with a copy of this order. JUDGE JUDGE Comparing Assistant