Gauhati High Court
WP(C)/6689/2019 of REBIA KHATOON @ RABIA KHATUN Vs THE UNION OF INDIA AND 5 ORS. on 23 August 2026
GAHC010216292019 2026:GAU-AS:12075 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6689/2019 REBIA KHATOON @ RABIA KHATUN W/O- JAMIR HUSSAIN, VILL. HATIKHUTI, P.S. KACHUA, DIST. NAGAON (ASSAM). VERSUS THE UNION OF INDIA AND 5 ORS. TO BE REP.
GAHC010216292019
2026:GAU-AS:12075
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6689/2019
REBIA KHATOON @ RABIA KHATUN
W/O- JAMIR HUSSAIN, VILL. HATIKHUTI, P.S. KACHUA, DIST. NAGAON
(ASSAM).
VERSUS
THE UNION OF INDIA AND 5 ORS.
TO BE REP. BY THE MINISTRY OF HOME AFFAIRS, NEW DELHI-1.
2:THE STATE OF ASSAM
TO BE REP. BY THE COMMISSIONER AND SECRETARY OF HOME DEPTT.
DISPUR
GUWAHATI- 9
ASSAM.
3:THE SUPERINTENDENT OF POLICE (B)
NAGAON
ASSAM
PIN- 782001.
4:THE DEPUTY COMMISSIONER
NAGAON
P.O. AND DIST. NAGAON
ASSAM
PIN- 782001.
5:THE ASSAM STATE CO-ORDINATOR OF NRC
BHANGAGARH
GUWAHATI- 5
6:THE ELECTION COMMISSIONER OF INDIA
NEW DELHI-01
Advocate for the Petitioner : S AHMED, MR. M A LASKAR
Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, NRC,SC, ECI
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
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ORDER
24.08.2026 (K.R. Surana, J) Heard Mr. S. Ahmed, learned counsel for the petitioner. Also heard Mr. S.K. Medhi, learned CGC; Mr. A.I Ali, learned standing counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Sr. Govt. Advocate for respondents.
2. On 23.06.2026, the learned counsel for the petitioner had submitted that the petitioner had expired and prayed for some time to obtain the death certificate. The matter was again adjourned on 22.07.2026.
3. Today, the learned counsel for the petitioner has produced the copy of the death certificate indicating that the petitioner, namely, Rabia Khatoon, died on 22.01.2024 and that the death certificate was issued on 09.03.2024. The photocopy of the death certificate is retained on record.
4. As the opinion declaring the petitioner to be a foreigner has certain consequences, the learned counsel for the petitioner, on being asked as to whether any of the family members were intending to substitute themselves, he replied in the negative.
5. Accordingly, in view of the death of the petitioner, namely, Rabia Khatoon, as referred above, the writ petition stands abated.
6. Accordingly, this writ petition stands disposed of as abated.
7. The Registry shall send back the Tribunal records along with a copy of this order, to be made a part of the record.
JUDGE JUDGE
Comparing Assistant