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2026 DAILYLAW 9658 (GAU)

ISMAIL ALI ALIAS SMAIL ALI v. THE UNION OF INDIA

MC/44/2026 · 2026-07-16

Kalyan Rai Surana, Pranjal Das

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010139152026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/44/2026 ISMAIL ALI ALIAS SMAIL ALI S/O - LT ROHAN ALI ALIAS ROHMAN ALI SHEIKH ALIAS RAHAM ALI, R/O- FASI ALI, WARD NO.3, P.O AND DIST-JORHAT, ASSAM PIN-785001 VERSUS THE UNION OF INDIA REPRESENTED BY THE COMMISSIONER AND SECY.TO THE GOVT.OF INDIA, HOME AFFAIRS, NEW DELHI-01 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECY.TO THE GOVT.OF ASSAM HOME DEPARTMENT DISPUR GHY-6 3:THE DEPUTY COMISSIONER JORHAT ASSAM PIN-785001 4:THE SUPRINTENDENT OF POLICE B JORHAT ASSAM PIN-78500 Advocate for the Petitioner : MR. T K BHUYAN, Advocate for the Respondent : GA, ASSAM, DY.S.G.I. Page No.# 2/3 Linked Case : WP(C)/826/2017 ISMAIL ALI @ SMAIL ALI S/O- LT. ROHMAN ALI @ ROHMAN ALI SHEIKH @ RAHAM ALI R/O- FASIALI WARD NO. 3 P.O. P.S. and DIST.- JORHAT ASSAM. VERSUS THE UNION OF INDIA and 3 ORS. REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF INDIA HOME AFFAIRS NEW DELHI- 1. 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY- 6. 3:THE DY. COMMISSIONER JORHAT ASSAM. 4:THE SUPERINTENDENT OF POLICE B JORHAT ASSAM. ------------ Advocate for : MS.A MAHANTA Advocate for : GA ASSAM appearing for THE UNION OF INDIA and 3 ORS. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 17.07.2026 (K.R. Surana, J) Heard Mr. Y.A. Sarkar, learned counsel, appearing on behalf of Mr. T.K. Bhuyan, learned counsel for the applicant and Mr. S.K. Singh, learned Page No.# 3/3 CGC for respondent No. 1; Mr. J. Payeng, learned Standing counsel for FT and Border matters/respondent Nos. 2 and 4 and Mr. P. Sarmah, learned Additional Senior Government Advocate for respondent No. 3. 2. By this interlocutory application, the applicant who is the petitioner in WP(C)/826/2017 has prayed for re-calling the order dated 08.06.2026 passed by this Court, whereby dismissing the writ petition for non- prosecution. 3. The learned Standing counsel for the FT and Border matters has opposed the prayer. Having noticed that the matter was dismissed for non-prosecution by order dated 08.06.2026 and this application has been filed on 30.06.2026. A copy of order dated 08.06.2026 passed in WP(C)/826/2017 stands re-called. The writ petition being WP(C)/826/2017 is restored to file. 4. The Registry shall list the writ petition in the week commencing from 03.08.2026. JUDGE JUDGE Comparing Assistant