BIR KASEM @ MD BIR KASEM ALI Vs. UNION OF INDIA AND 8 ORS
LAWS(GAU)-2018-10-108
HIGH COURT OF GAUHATI
Decided on October 31,2018

Bir Kasem @ Md Bir Kasem Ali Appellant
VERSUS
Union Of India And 8 Ors Respondents

JUDGEMENT

Manojit Bhuyan, J. - (1.) Heard Mr. M.A. Mondal, learned counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for the respondent no.1; Mr. A. Kalita, learned counsel for respondent nos.2, 3, 4, 5, 6 & 7; Mr. A. I. Ali, learned counsel for respondent no.8 and Ms. U. Das, learned counsel for respondent no.9.
(2.) The challenge in this writ petition is to an ex parte order dated 15.03.2010, passed by the Foreigners' Tribunal, Jorhat, in Case No. JFT 1748/06, whereby the petitioner was held to be a foreigner who entered into the territory of India without any valid documents after 25.03.1971.
(3.) Mr. Mondal submits that the petitioner hails from the district of Dhubri, Assam. The petitioner had gone to Jorhat in search of livelihood and for a short period of time had resided at Jorhat working as a daily wage labourer in a brick kiln and was residing in the address given in the notice. However, much before the notice was issued, the petitioner had left Jorhat for his permanent home at Village-337 Bhaluk Mari, P.S.- Sapatgram, Sub-Division-Bilasipara, District- Dhubri, Assam. Drawing attention of the court to the impugned order, Mr. Mondal submits that the order itself reflects that the proceedee had left his place of residence at Jorhat for unknown destination and that the notice was served in a substituted manner. He further submits that unless the petitioner is granted an opportunity to contest the proceeding, he will suffer irreparable loss and injury.;


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