KRISHNA BALA ROY Vs. UNION OF INDIA AND 5 ORS
LAWS(GAU)-2018-11-8
HIGH COURT OF GAUHATI
Decided on November 09,2018

Krishna Bala Roy Appellant
VERSUS
Union Of India And 5 Ors Respondents

JUDGEMENT

Manojit Bhuyan, J. - (1.) Heard Mr. A. Das, 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. 2, 5 & 6 ; Mr. N.B.P. Singha, learned counsel for respondent no. 3 and Ms. A. Verma, learned counsel for respondent no. 4.
(2.) Petitioner assails ex parte order dated 08.03.2017 passed by the Foreigners' Tribunal No.9th, Dhubri in F.T. Case No. FT-9/112/GKJ/2016, declaring the petitioner as foreigner who entered into Assam illegally after 25.03.1971.
(3.) Mr. Das submits that the order of the Tribunal was passed without granting opportunity to the petitioner to contest the case and/or opportunity to discharge the burden as required of him under Section 9 of the Foreigners' Act, 1946. It is stated that no notice, whatsoever, was served upon the petitioner. To test the argument so advanced, we have perused the materials available on record. From the Service Report dated 29.11.2016, it is seen that steps on the petitioner was taken in the substituted manner. However, the Report discloses that as the petitioner was not to be found in the address mentioned, therefore, copy of the notice was affixed at the Gaon Panchayat Office. This is also recorded in the impugned order/opinion dated 08.03.2017.;


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