Gauhati High Court
MC/44/2026 of ISMAIL ALI ALIAS SMAIL ALI Vs THE UNION OF INDIA on 16 July 2026
GAHC010139152026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/44/2026 ISMAIL ALI ALIAS SMAIL ALI S/O - LT ROHAN ALI ALIAS ROHMAN ALI SHEIKH ALIAS RAHAM ALI, R/O- FASI ALI, WARD NO.3, P.O AND DIST-JORHAT, ASSAM PIN-785001 VERSUS THE
GAHC010139152026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC/44/2026
ISMAIL ALI ALIAS SMAIL ALI
S/O - LT ROHAN ALI ALIAS ROHMAN ALI SHEIKH ALIAS RAHAM ALI, R/O- FASI ALI, WARD NO.3, P.O AND DIST-JORHAT, ASSAM PIN-785001
VERSUS
THE UNION OF INDIA
REPRESENTED BY THE COMMISSIONER AND SECY.TO THE GOVT.OF
INDIA, HOME AFFAIRS, NEW DELHI-01
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECY.TO THE GOVT.OF
ASSAM
HOME DEPARTMENT
DISPUR
GHY-6
3:THE DEPUTY COMISSIONER
JORHAT
ASSAM PIN-785001
4:THE SUPRINTENDENT OF POLICE B
JORHAT
ASSAM
PIN-78500
Advocate for the Petitioner : MR. T K BHUYAN, Advocate for the Respondent : GA, ASSAM, DY.S.G.I.
Linked Case : WP(C)/826/2017
ISMAIL ALI @ SMAIL ALI
S/O- LT. ROHMAN ALI @ ROHMAN ALI SHEIKH @ RAHAM ALI
R/O- FASIALI WARD NO. 3
P.O.
P.S. and DIST.- JORHAT
ASSAM.
VERSUS
THE UNION OF INDIA and 3 ORS.
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF INDIA
HOME AFFAIRS
NEW DELHI- 1.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY- 6.
3:THE DY. COMMISSIONER
JORHAT
ASSAM.
4:THE SUPERINTENDENT OF POLICE B
JORHAT
ASSAM.
------------
Advocate for : MS.A MAHANTA
Advocate for : GA
ASSAM appearing for THE UNION OF INDIA and 3 ORS.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
Date : 17.07.2026 (K.R. Surana, J) Heard Mr. Y.A. Sarkar, learned counsel, appearing on behalf of Mr. T.K. Bhuyan, learned counsel for the applicant and Mr. S.K. Singh, learned
CGC for respondent No. 1; Mr. J. Payeng, learned Standing counsel for FT and Border matters/respondent Nos. 2 and 4 and Mr. P. Sarmah, learned Additional Senior Government Advocate for respondent No. 3.
2. By this interlocutory application, the applicant who is the petitioner in WP(C)/826/2017 has prayed for re-calling the order dated 08.06.2026 passed by this Court, whereby dismissing the writ petition for non- prosecution.
3. The learned Standing counsel for the FT and Border matters has opposed the prayer. Having noticed that the matter was dismissed for non-prosecution by order dated 08.06.2026 and this application has been filed on 30.06.2026. A copy of order dated 08.06.2026 passed in WP(C)/826/2017 stands re-called. The writ petition being WP(C)/826/2017 is restored to file.
4. The Registry shall list the writ petition in the week commencing from 03.08.2026.
JUDGE JUDGE
Comparing Assistant