KULSUM BIBI @ KULSON BIBI Vs. UNION OF INDIA
LAWS(GAU)-2018-1-82
HIGH COURT OF GAUHATI
Decided on January 25,2018

Kulsum Bibi @ Kulson Bibi Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

UJJAL BHUYAN - (1.) Heard Mr. BP Borah, learned counsel for the petitioner and Mr. SP Choudhury, learned Government Advocate, Assam.
(2.) A short point arises for consideration in this proceeding. By order dated 07.04.2016, passed by the Foreigners Tribunal (9th), Nagaon in FT Case No.218/2015 (State Vs. Musstt. Kulson Bibi), petitioner was declared to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971. Petitioner filed an application before the said Tribunal for review of the aforesaid order dated 07.04.2016, which was registered as MC No.10/2016. By order dated 26.5.2016, the review petition was dismissed on the ground that review was not maintainable. Relevant portion of the order dated 26.05.2016 is extracted hereunder: - " On a careful perusal of the case record, it appears that the impugned order was passed on 07.04.2016 and the petitioner was declared as a foreigner as she has failed to produce relevant document and accordingly finding no other alternative the impugned opinion was passed. Admittedly the petitioner could have preferred an appeal against the impugned order but instead of filing the same she has filed instant petition U/O 47 and Section 114 of the CPC but the said provisions are not well attracted in this case. Hence, I do not find force in submission of the learned counsel appearing for the petitioner and I am of the view that the petition U/O 47 and Section 114 of the CPC is not maintainable as such liable to be dismissed. Accordingly, the petition filed by petitioner Kulson Bibi is dismissed.The misc. case is disposed of on contest."
(3.) This Court by order dated 04.10.2016 had issued notice while requisitioning the case record and passed an interim order to the effect that petitioner should be allowed to remain on bail subject to her appearance before the Superintendent of Police (Border), Nagaon and furnishing of adequate surety.;


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