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2026 DAILYLAW 6042 (GAU)

ABUL KALAM AZAD @ SARBESH ALI v. THE UNION OF INDIA AND ORS

WP(C)/2610/2026 · 2026-05-19

Pranjal Das, Sanjay Kumar Medhi

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010093702026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2610/2026 ABUL KALAM AZAD @ SARBESH ALI S/O- MD. JAHIRUDDIN SHEIKH, R/O- VILL - HARIRDOL, JORNAGARA PART- 3, P.O- SHALKUCHA, P.S AND DIST.- KOKRAJHAR, ASSAM. VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI -1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE HOME DEPARTMENT DISPUR GHY- 6. 3:THE DISTRICT COMMISSIONER DIBRUGARH P.O. AND DIST.- DIBRUGARH ASSAM PIN- 786001. 4:THE SUPERINTENDENT OF POLICE (B) DIBRUGARH P.O. AND DIST.- DIBRUGARH ASSAM PIN- 786001 5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI- 1. Page No.# 2/3 6:THE STATE CO ORDINATOR OF NRC ASSAM HOUSEFED COMPLEX 2ND FLOOR BANPHOOL NAGAR DISPUR GUWAHATI- 6 Advocate for the Petitioner : MR. A R SIKDAR, Z H BORA,J A SIKDAR,MR. S I TALUKDAR Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, NRC,SC, ECI BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 20.05.2026 (S.K. Medhi, J)] Heard Mr. A.R. Sikdar, learned counsel for the petitioner who has put to challenge an opinion dated 16.12.2026 passed by the learned Member of Foreigners’ Tribunal, Dibrugarh 1st, Assam in FT Case No. 19/2016 (PE No. 19/2016) whereby the petitioner has been declared as a foreigner post-1971. At the outset, the learned counsel for the petitioner has submitted that he would like to withdraw this writ petition with a liberty to file an application for review before the learned Tribunal. The aforesaid submission has not been objected by the learned counsel for the respondents who have, however, submitted that there is a period prescribed for filing and entertaining a review petition. Be that as it may, in view of the submissions advanced, the instant writ petition is dismissed on withdrawal with liberty to file a review. It is needless to Page No.# 3/3 state that if any such review is filed, the same is to be considered strictly in accordance with law. JUDGE JUDGE Comparing Assistant