Page No.# 1/3 GAHC010073162026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2113/2026 JOYGUN NESSA ALIAS JOYGUN D/O MOHAMMAD ALI, W/O IBRAHIM ALI, VILL. GERUAGAON, P.O. SAMAGURI, P.S. KHATOWAL, DIST. NAGAON, ASSAM. PIN. 782140. VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA, HOME DEPARTMENT, NEW DELHI-1, INDIA. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 3:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM ACHYUT PLAZA BHANGAGARH GUWAHATI-5 ASSAM. 4:THE ELECTION COMMISSION OF INDIA TO BE REPRESENTED BY THE COMMISSIONER NIRVACHAN SADAN ASHOKA ROAD DELHI. 110001. 5:THE DISTRICT COMMISSIONER Page No.# 2/3 NAGAON DIST. NAGAON ASSAM. 6:THE SUPERINTENDENT OF POLICE (B) NAGAON DIST. NAGAON ASSAM Advocate for the Petitioner : MR ZUBAIR HAMMAD, R DAS Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 24.04.2026 (K.R Surana, J) Heard, Mr. Z. Hammad, learned Counsel for the petitioner. Also heard, Mr. S.K. Medhi, learned CGC, Ms. S. Katakey, learned Standing Counsel, ECI, Mr. P. Sarmah, learned Addl. Senior Govt. Advocate and Mr. G. Sarma, learned Standing Counsel, FT and NRC. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 09.09.2025, passed by the learned Member, Foreigner’s Tribunal 3rd, Nagaon, in FT Case No. NFT. (No.3)(D) 1107/2016, corresponding to D/Case No. 1000/98, by which the petitioner was declared as an illegal migrant of post 25.03.1971 stream. 3. At the outset, the learned Counsel for the petitioner has submitted that upon receiving instructions, he was informed that the petitioner has several more documents which in support of the Indian citizenship of the petitioner, namely Joygun Nessa @ Joygun. However, the said documents were not Page No.# 3/3 brought on record through the learned Tribunal. Accordingly, he prays for liberty to withdraw this writ petition and to approach the learned Foreigner’s Tribunal under the purview of review. 4. Although the learned Standing Counsel for F.T. and Border matters has opposed the prayer, considering the nature of the submission made, the prayer is allowed. 5. The writ petition stands closed as withdrawn with liberty, as prayed for by the petitioner, to approach the learned Foreigner’s Tribunal 3rd, Nagaon, by filing the review petition. 6. It is clarified that the Court has not entered into the merits of the case. JUDGE JUDGE Comparing Assistant