GUWAHATI, India, Oct. 9 -- Gauhati High Court issued the following order on Sept. 9:

1. Heard Mr. A.W. Aman, learned counsel for the petitioner. Also heard Mr. B. Deka, learned CGC for the respondent no.1; Mr. M. Islam, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for the respondent no.2; Mr. G. Sarma, standing counsel for FT and Border matters, representing respondent nos. 3, 5, 7 and 8; and Mr. H.K. Hazarika, learned Junior Govt. Advocate for respondent nos. 4 and 6. Challenge in this writ petition:

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Md. Harjat Ali @ Hazrat Ali @ Md. Hajarat Ali, has assailed the opinion dated 20.09.2022, passed by the learned Member, Foreigners Tribunal, Jorhat, in Case No. FTG 135/2011, [corresponding to SP's Enquiry No. 19/2007], thereby holding the petitioner abovenamed as a foreigner of post 25.03.1971 stream. Pleading and evidence before the Foreigners Tribunal:

3) Upon receipt of notice, the petitioner had entered appearance in the case and submitted his written statement of defence. He had stated regarding the discrepancy in his name and names of other members of his family, which is as follows:-

a. It was stated that his name was Md. Hazrat Ali, but his name was wrongly written as Md. Harjat Ali and Md. Hajarat Ali in certain documents and that Md. Hajarat Ali, Md. Harjat Ali and Md. Hazrat Ali is same and one person.

b. He had stated that the name of his father is Md. Jamiruddin, but in some documents, his name is written as Jamiruddin, Jamiratddin, Jamiratdin and Md. Jamiratddin, which is the name of same and one person.

c. The name of his grandfather is Shobdul Sekh, but in some documents, his name is written as Shobdul, and both is same and one person.

4) It was stated that his projected grandfather and father were resident of Samdhara Gaon, P.S. Rupahihat, District- Nagaon, Assam. The petitioner came to Golaghat District and resided in various rented houses. In the year 1984, he had purchased agricultural land in Salmora Tup, Golaghat and in the year 1993, he had purchased residential land in the same village and since then, he is residing in Village- Salmora Tup and when he started to permanently reside in Village Salmora Tup and then he had entered his name in the voter's list at Salmora Tup under Sarupathar Constituency, in Golaghat District. The petitioner had projected that he was born and brought up in village- Samdhara, Dist. Nagaon and his family has been residing in the said village before 1966. He claimed that his father's name was enrolled in the voter's list of 1965 and 1970 in the same village, and his name was enrolled in the voter's list of 1997, 2005 and 2015, in Village- Salmora Tup.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpO%2B6W4%2Bx6iEFJ3%2BC5oLMvWFQMJQJbKJEj6bGl84Tn1UX&caseno=WP(C)/161/2023&cCode=1&cino=GAHC010004392023&state_code=6&appFlag=)

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