RAJAB ALI Vs. UNION OF INDIA
LAWS(GAU)-2018-12-91
HIGH COURT OF GAUHATI
Decided on December 18,2018

RAJAB ALI Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

NANI TAGIA,J. - (1.) Heard Ms. R. Choudhury, 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 and 4 Mr. A. I. Ali, learned counsel for respondent no. 5 and Ms. A. Verma, learned counsel for respondent no. 6.
(2.) By this petition, under Article 226 of the Constitution of India, the writ petitioner has challenged the legality and validity of the order dated 15.06.2016 passed by the Foreigner's Tribunal, Bongaigaon No. 2, Abhayapuri, in Case no. BNG/FT/ Case No. 1510/09 (REF: IM(D)T Case No. 276/99) whereby, the writ petitioner namely, Md. Rajab Ali, son of Lt. Palan Bepari, village Dumuria Pt-I, P.S. Abhayapuri, District- Bongaigaon, Assam has been held to have entered into Assam (India) from Bangladesh illegally after 25.03.1971.
(3.) From the order of the Tribunal dated 15.06.2016, it appears that the writ petitioner/opposite party had filed his written statement and documents on 27.08.2015 and on 02.01.2016 the writ petitioner/opposite party filed his evidence on affidavit. It is also found from the order of the Tribunal that when the case was fixed on 25.05.2016, the writ petitioner/opposite party was absent, however, the engaged Advocate of the writ petitioner/opposite party was present with an application for adjournment, which, however, was rejected and the case proceeded.;


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