Page No.# 1/4 GAHC010290322019 2026:GAU-AS:9915 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8792/2019 SAHID ULLAH S/O- MOHAMMAD ALI, R/O- VILL- BATAMARI, P.O. BALIKATIA, P.S. JURIA, DIST- NAGAON, ASSAM, PIN- 782124 VERSUS THE UNION OF INDIA AND 5 ORS. THROUGH THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI-01 2:THE STATE OF ASSAM THROUGH THE SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6 3:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 4:THE STATE CO-ORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GHY-05 5:THE DY. COMMISSIONER NAGAON P.O. NAGAON DIST- NAGAON Page No.# 2/4 ASSAM PIN- 782001 6:THE SUPERINTENDENT OF POLICE (B) NAGAON P.O. NAGAON DIST- NAGAON ASSAM PIN- 78200 Advocate for the Petitioner : MR F HAQUE, MR. S K M ALOMGIR Advocate for the Respondent : ASSTT.S.G.I. (R1), SC, ELECTION COMMISSION. (R3),SC, NRC (R4),SC, F.T (R2,5,6) BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 20.07.2026 (K.R. Surana, J) Heard Mr. F. Hoque, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned CGC; Mr. N. Kalita, learned counsel appearing for Mr. A.I. Ali, learned standing counsel for the ECI; Ms. A. Verma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned ex parte opinion dated 07.11.2009, passed by the learned Member, Foreigners’ Tribunal, Jorhat, in Case No. JFT.1370/06, arising out of Police Inquiry No.495/2003, by which the petitioner was declared as an illegal migrant. 3. The learned standing counsel for the FT and Border matters has Page No.# 3/4 opposed the writ petition on the ground of inordinate delay and laches in approaching this Court to assail the ex parte opinion dated 07.11.2009 on the ground that this writ petition was filed on 25.11.2019 after a period of 10 years. 4. On a perusal of the records, it is seen from the process server’s report which was returned by the concerned Border Police, Jorhat, on 17.03.2009, wherein it is stated that the police personnel assigned to serve and return the notice, did not find the petitioner at the address given in the notice and the people in the neighbourhood did not know about the petitioner and accordingly, as he was not found at the given address, the process was returned. 5. Accordingly, the Court finds that there was no compliance of the provision of Order 3 (5) (f) of the Foreigners (Tribunals) Order, 1964. 6. On account of delay and laches for which the learned standing counsel for the FT and Border matters has raised objection, it is noticed that the petitioner has made a statement in paragraph no.11 of the writ petition that when his name was not reflected in the draft NRC, he went to the Office of the NRC to make an enquiry and came to know about the ex parte opinion passed against him about 10 years back and accordingly, the present writ petition was filed. 7. 7. Be that as it may, as the process was not served in compliance with the provision of Order 3 (5) (f) of the Foreigners (Tribunals) Order, 1964, despite long delay in assailing the ex parte opinion, the service of notice which was not made in accordance with law has vitiated the impugned opinion. Moreover, in paragraph no.1 of the impugned opinion, it has been mentioned that as per the report submitted by the serving personnel, the petitioner had left the place for an unknown destination. Accordingly, the learned Tribunal decided Page No.# 4/4 to proceed with the matter ex parte without recording its satisfaction that the notice was duly served. 8. Accordingly, the impugned ex parte opinion dated 07.11.2009, passed by the learned Member, Foreigners’ Tribunal, Jorhat, is hereby set aside. 9. The petitioner namely, Sahid Ullah, who is duly represented by his learned counsel is directed to appear before the said learned Tribunal within the outer time limit of 24.08.2026 and on the said date the petitioner shall file his written statement of defence and also annex thereto all the documents on which he intends to rely upon. Thereafter, the learned Tribunal shall make an endeavour to dispose of the matter, as far as practicable, within the time prescribed under Order 3 (14) of the Foreigners (Tribunals) Order, 1964. 10. It is made clear that if the petitioner does not appear within the time allowed, it would be open to the learned Tribunal to treat the petitioner as absent on call and pass further order. 11. The Registry is directed to send back the records of the Tribunal expeditiously along with a copy of this order. 12. The writ petition stands allowed with an order of remand as indicated above. JUDGE JUDGE Comparing Assistant