Decided on November 30,2018

Diluwara Khatun Appellant
UNION OF INDIA Respondents


NANI TAGIA,J. - (1.) Heard Mr. AM Khan, learned counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for respondent No.1; Mr. J. Payeng, learned counsel for respondent Nos. 3, 5 and 6; Ms. N. Upadhyay, learned counsel for respondent No.2 and Ms. A Verma, learned counsel for respondent No.4. By this petition, under Article 226 of Constitution of India, the petitioner has challenged the legality and validity of the order dated 27.08.2018 passed by the learned Member, Foreigners' Tribunal No. 1st, Barpeta, in F.T. Case No. 320/2016 whereby the petitioner/opposite party has been opined to be a foreigner of Post 1971 stream.
(2.) A reference case under the IM(D)T Act against the writ petitioner/opposite party was initiated by the Supdt. of Police (B), Barpeta under Reference Case No. 6601(A) /1998 alleging that the writ petitioner/opposite party, namely, Diluwara Khatun, W/o Saber of village- Rangapani, PS- Barpeta in the district of Barpeta to be a foreigner. As per the direction of the Hon'ble Supreme Court dated 12.07.2005 in WP(C) No.131/2000, the case stood transferred to Foreigners' Tribunal No.1st, Barpeta.
(3.) Upon receipt of Notice, the opposite party filed her written statement and evidence on affidavit stating inter-alia that she is a bonafide citizen of India, born and brought up at village- Sidli, PS- Baghbar, Dist.- Barpeta, Assam. The writ petitioner/proceedee stated that her father's name is Iyashin Khan, whose name appeared in the Voter Lists of 1966 and 1970 in Sl.No.88 and 109 respectively as House No.27, Part No.78, 79 of village Dakhin Sidli, 51 No. Jania LAC. Voter List of 1966 and 1970 have been exhibited as Exhibits- A and E respectively.;

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