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2025 DAILYLAW 5784 (GAU)

SOFIA KHATUN @ SOFIA BEGUM v. THE UNION OF INDIA AND 5 ORS

I.A.(Civil)/113/2025 · 2025-08-05

Kalyan Rai Surana, Rajesh Mazumdar

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/5 GAHC010007362025 2025:GAU-AS:10281 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/113/2025 SOFIA KHATUN @ SOFIA BEGUM D/O- LATE AGAR ALI, W/O- SHAHAR ALI, R/O- VILLAGE- KUJARPITH, P.S.- HOWLY, DISTRICT- BARPETA, ASSAM, PIN- 781301. VERSUS THE UNION OF INDIA AND 5 ORS THROUGH THE SECRETARY, TO THE GOVERNMENT OF INDIA, THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI. 2:THE STATE OF ASSAM THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001. 4:THE STATE COORDINATOR Page No.# 2/5 NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GUWAHATI- 781005. 5:THE DEPUTY COMMISSIONER BAJALI P.O.- BAJALI DISTRICT- BAJALI ASSAM PIN CODE- 6:THE SUPERINTENDENT OF POLICE (BORDER) BAJALI P.O.- BAJALI DISTRICT- BAJALI ASSAM PIN CODE Advocate for the Petitioner : MR. F A HASSAN, MS. U NANDA Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, ECI Linked Case : WP(C)/6490/2024 SOFIA KHATUN @ SOFIA BEGUM D/O- LATE AGAR ALI W/O- SHAHAR ALI R/O- VILLAGE- KUJARPITH P.S.- HOWLY DISTRICT- BARPETA ASSAM PIN- 781301. VERSUS Page No.# 3/5 THE UNION OF INDIA AND 5 ORS THROUGH THE SECRETARY TO THE GOVERNMENT OF INDIA THE MINISTRY OF HOME AFFAIRS GRIHA MANTRALAYA NEW DELHI. 2:THE STATE OF ASSAM THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001. 4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GUWAHATI- 781005. 5:THE DISTRICT COMMISSIONER BARPETA P.O.- BARPETA P.S. AND DIST.- BARPETA ASSAM PIN CODE-781301 6:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA P.O.- BARPETA P.S. AND DIST.- BARPETA ASSAM PIN- 781301 Page No.# 4/5 ------------ Advocate for : MR. F A HASSAN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 06.08.2025 (R. Mazumdar, J) Heard Mr. F.A. Hassan, learned counsel for the applicant. Also heard Ms. S. Baruah, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Ms P. Barua, learned standing counsel for the ECI; and Mr. H.K. Hazarika, learned Govt. Advocate for the State respondent. 2. By filing this interlocutory application, the applicant has prayed for substitution of the words “Superintendent of Police (Border), Bajali” appearing in paragraph 6, 7 and 9 of the order dated 06.12.2024, passed in the connected WP(C) 6490/2024 with the words “Superintendent of Police (Border), Barpeta”. 3. The learned counsel for the applicant has stated that the cause title in the connected WP(C) 6490/2024 was allowed to be corrected by order dated 28.05.2025 and accordingly, he has also provided the amended copy of the cause title to the AO(J), FT Section and the amendment has been incorporated in the writ petition. 4. The learned standing counsel for the FT matters has fairly submitted that the substitution of the order dated 06.12.2024, as sought for in the application may be allowed as it would not substantially affect the merit of the case. Page No.# 5/5 5. Accordingly, the prayer made in this interlocutory application is allowed to the extent that the words “Superintendent of Police (Border), Bajali” wherever appeared in paragraph 6, 7 and 9 of the order dated 06.12.2024, passed in the connected WP(C) 6490/2024 shall be now read as “Superintendent of Police (Border), Barpeta”. 6. Consequently, the time frame given in the order dated 06.12.2024 for appearance of the applicant shall stand extended by further period of 10 (ten) days from today. 7. This order shall be read in conjunction with order dated 06.12.2024, passed in the connected WP(C) 6490/2024. 8. Accordingly, this interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant