Page No.# 1/3 GAHC010002182024 2025:GAU-AS:11887-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/880/2024 NARJINA BEGUM @ MARJINA BEGUM D/O- NAJIR UDDIN SHEIKH @ NAJIR UDDIN, W/O- FAKARUDDIN SHEIKH, VILL- BONNYAGURI, P.O.- JALESWAR, P.S. LAKHIPUR, DIST.- GOALPARA, ASSAM VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY OF THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-1 2:THE ELECTION COMMISSION OF INDIA NEW DELHI-01 3:THE STATE OF ASSAM REPRESETED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 4:THE COORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) BHANGAGARH GUWAHATI-05 5:THE DEPUTY COMMISSIONER GOALPARA DISTRICT ASSAM PIN- 783101 6:THE SUPERINTENDENT OF POLICE (B) GOALPARA Page No.# 2/3 ASSAM PIN- 783101 7:THE OFFICER-IN-CHARGE LAKHIPUR POLICE STATION DISTRICT- GOALPARA ASSAM PIN- 78312 Advocate for the Petitioner : MR. M ALI, MR S H MAHMUD,MR S ISLAM,MR. M U MAHMUD,MR J. E. SARKAR,MR J. ISLAM Advocate for the Respondent : DY.S.G.I., SC, ELECTION COMMISSION.,SC, F.T,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 03.09.2025 (R. Mazumdar, J) Heard Mr. M.U. Mahmud, learned counsel for the petitioiner. Also heard Ms. S. Baruah, learned CGC; Ms. A. Verma, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Govt. Advocate for the State respondent. 2. This writ petition has been filed challenging the proceedings of FT Case No. F.T.(6)-972/GLP/2019, arising out of E.R.O. Reference Case No. 637 32/39, pending before the learned Foreigners’ Tribunal No.6th at Goalpara. It is projected that the petitioner had already been declared as an Indian citizen in an earlier proceeding, numbered as F.T.(3) GLP/1356/18, disposed of by opinion dated 10.01.2019, by the learned Member, Foreigners’ Tribunal No.3, Goalpara. 3. This writ petition was filed on 15.02.2024 and by order dated Page No.# 3/3 21.03.2024, the records of both the proceedings were called for by this Court. 4. The records have been received and on perusal of the records of FT Case No. F.T.(6)-972/GLP/2019, it appears that the learned Tribunal had rendered an opinion on 14.03.2024, declaring the petitioner to be a foreigner of post 1971 stream. 5. Faced with this situation, the learned counsel for the petitioner prays for leave to withdraw the present writ petition with liberty to file afresh in view of the subsequent development, challenging the opinion dated 14.03.2024. 6. In the opinion dated 14.03.2024, it has been taken into account the fact that the petitioner had preferred an application on 05.01.2024 before the learned Tribunal stating that a writ petition had been filed before the High Court for challenging the order of the learned Tribunal to avail benefit of res judicata vide WP(C) 99/2024 and CNR: GAHC010002182024. The learned Tribunal had searched the said writ petition through online and it was learnt that the particular WP(C) No. 99/2024 do not relates to the reference. 7. Be that as it may, the writ petition is allowed to be withdrawn with liberty as prayed for. 8. The TCR be retained for a period of 30 (thirty) days, whereafter, if no fresh proceeding is initiated in this Court, the same shall be returned to the concerned Tribunal. 9. The Registry shall send a downloaded copy of this order to the learned Member, Foreigners’ Tribunal No.6th at Goalpara. JUDGE JUDGE Comparing Assistant