Gauhati High Court

WP(C)/2610/2026 of ABUL KALAM AZAD @ SARBESH ALI Vs THE UNION OF INDIA AND ORS on 19 May 2026

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GAHC010093702026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2610/2026 ABUL KALAM AZAD @ SARBESH ALI S/O- MD. JAHIRUDDIN SHEIKH, R/O- VILL - HARIRDOL, JORNAGARA PART- 3, P.O- SHALKUCHA, P.S AND DIST.- KOKRAJHAR, ASSAM. VERSUS

GAHC010093702026

undefined

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2610/2026

ABUL KALAM AZAD @ SARBESH ALI

S/O- MD. JAHIRUDDIN SHEIKH,

R/O- VILL - HARIRDOL, JORNAGARA PART- 3, P.O- SHALKUCHA, P.S AND

DIST.- KOKRAJHAR, ASSAM.

VERSUS

THE UNION OF INDIA AND ORS

REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME

AFFAIRS, GOVT OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI

-1

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE HOME

DEPARTMENT

DISPUR

GHY- 6.

3:THE DISTRICT COMMISSIONER

DIBRUGARH

P.O. AND DIST.- DIBRUGARH

ASSAM

PIN- 786001.

4:THE SUPERINTENDENT OF POLICE (B)

DIBRUGARH

P.O. AND DIST.- DIBRUGARH

ASSAM

PIN- 786001

5:THE ELECTION COMMISSIONER OF INDIA

NEW DELHI- 1.

6:THE STATE CO ORDINATOR OF NRC

ASSAM

HOUSEFED COMPLEX

2ND FLOOR

BANPHOOL NAGAR

DISPUR

GUWAHATI- 6

Advocate for the Petitioner : MR. A R SIKDAR, Z H BORA,J A SIKDAR,MR. S I TALUKDAR

Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, NRC,SC, ECI

BEFORE

HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

Date : 20.05.2026 (S.K. Medhi, J)] Heard Mr. A.R. Sikdar, learned counsel for the petitioner who has put to challenge an opinion dated 16.12.2026 passed by the learned Member of Foreigners’ Tribunal, Dibrugarh 1st, Assam in FT Case No. 19/2016 (PE No. 19/2016) whereby the petitioner has been declared as a foreigner post-1971. At the outset, the learned counsel for the petitioner has submitted that he would like to withdraw this writ petition with a liberty to file an application for review before the learned Tribunal. The aforesaid submission has not been objected by the learned counsel for the respondents who have, however, submitted that there is a period prescribed for filing and entertaining a review petition. Be that as it may, in view of the submissions advanced, the instant writ petition is dismissed on withdrawal with liberty to file a review. It is needless to state that if any such review is filed, the same is to be considered strictly in accordance with law.

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