Page No.# 1/4 GAHC010183602026 2026:GAU- AS:12646-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4661/2026 KHAYABAR ALI AND 2 ORS SON OF LT. KARIM UDDIN ALIAS MD. KARIM ALI 2: HABIBAR RAHMAN SON OF LT. KARIM UDDIN ALIAS MD. KARIM ALI 3: MAIBAR ALI SON OF LT. KARIM UDDIN ALIAS MD. KARIM ALI R/O- VILLAGE- ROUMARI PATHAR P.O- ROUMARI PATHAR P.S- TARABARI 3. DIST- BARPETA ASSAM PIN-781312 VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-1. 2:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 4:THE ASSAM CO-ORDINATOR OF NRC Page No.# 2/4 BHANGAGARH ASSAM GHY-5. 5:THE DISTRICT COMMISSIONER BARPETA DISTRICT- BARPETA ASSAM. 6:THE SUPERINTENDENT OF POLICE (B) BARPETA DISTRICT- BARPETA ASSAM. 7:THE OFFICER- IN- CHARGE TARABARI POLICE STATION DIST- BARPETA ASSA Advocate for the Petitioner : MR. P RAHMAN, MR S ISLAM Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, NRC,SC, F.T,SC, ECI BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 02.09.2026 (K.R. Surana, J) Heard Mr. S. Islam, learned counsel for the petitioners. Also heard Ms. L. Devi, learned CGC; Ms. A. Verma, learned standing counsel for the FT and 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 petitioners, who are the sons of Late Karim uddin @ Md. Karim Ali, have assailed the impugned ex parte opinion dated 06.05.2023, passed by the learned Member, Foreigner’s Tribunal-7, Barpeta, in Case No. FT-672/19, arising Page No.# 3/4 out of Reference I.M.D.T. Case No. 467/2001, by which the father of the petitioners was declared as an illegal migrant of post 25.03.1971 stream. 3. The learned counsel for the petitioners places reliance on the process server's undertake report, wherein the Head Constable (B), who had served the notice, had recorded that he had gone to the address given in the notice along with the Gaonburah and upon making inquiries, came to know that the person concerned had left the village. Accordingly, as he could not be located at his last place of residence, a copy of the notice was affixed on the notice board of the Gaonburah and the first copy of the notice, along with the certificate of the Gaonburah, was returned to the learned Tribunal. 4. The service of notice by affixing on the notice board of the Gaonburah is also recorded in paragraph-2 of the ex parte opinion dated 06.05.2023. 5. The learned counsel for the petitioners has also referred to the death certificate issued on 20.02.2020 (Annexure-1 to the writ petition), wherein it is recorded that Karim Uddin, son of Ekabar had died on 24.11.2019, and his death was registered on 14.02.2020 by the Registrar of Births and Deaths, Chenga BPHC, Barpeta. 6. Heard the learned CGC, State and Departmental counsel appearing in the matter. 7. The Court is of the considered opinion that service of notice on the notice board of the Gaonburah is not a mode of service recognized under the Foreigners (Tribunals) Order, 1964. Moreover, the death certificate referred to above discloses that the proceedee had died on 24.11.2019, whereas notice of the proceeding was served only in the year 2023. Therefore, the service of notice on the proceedee, being not in accordance with law vitiates the impugned ex parte opinion dated 06.05.2023. Page No.# 4/4 8. Accordingly, the said ex parte opinion dated 06.05.2023, passed by the learned Member, Foreigner’s Tribunal-7, Barpeta, in Case No. FT-672/19 is hereby set aside. 9. As the ex parte opinion has consequences attached to it, the petitioners, being the sons of the deceased proceedee, are permitted to appear before the learned Tribunal and take an appropriate defence. 10. The petitioners, who are duly represented by their learned counsel, are directed to appear before the Member, Foreigner’s Tribunal-7, Barpeta, on or before the outer limit of 25.09.2026 and by producing a certified copy of this order, shall also file their written statement so as to defend the proceedings registered against their father and to file the documents on which they intend to rely upon. 11. Thereafter, the learned Tribunal shall afford reasonable opportunity to the petitioners to prove their defence and shall pass a fresh opinion by invoking the mandate of paragraph-17(14) of the Immigration and Foreigners Order, 2025. 12. The writ petition stands allowed at the motion stage without issuance of notice on the respondents to the extent as indicated above by remanding the matter back to the learned Tribunal. JUDGE JUDGE Comparing Assistant