Gauhati High Court
WP(C)/6786/2019 of BIRESH DAS Vs UNION OF INDIA AND 6 ORS on 12 May 2026
GAHC010218782019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6786/2019 BIRESH DAS S/O- LATE KUSHINDRA DAS, R/O- VILL- GOVINDER KHUPA, P.S- KATIGORAH, DIST- CACHAR, ASSAM, PIN- VERSUS UNION OF INDIA AND 6 ORS REP. BY THE
GAHC010218782019
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6786/2019
BIRESH DAS
S/O- LATE KUSHINDRA DAS, R/O- VILL- GOVINDER KHUPA, P.S- KATIGORAH, DIST- CACHAR, ASSAM, PIN-
VERSUS
UNION OF INDIA AND 6 ORS
REP. BY THE SECRETARY TO THE MIN OF HOME AFFAIRS, GOVT OF
INDIA, NEW DELHI- 01
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SCRETARY TO THE GOVT OF ASSAM
HOME DEPTT
DISPUR
GUWAHATI- 6
3:THE ELECTION COMMISSIONER
ASSAM
DISPUR
GUWAHATI- 6
4:THE STATE COORDINATOR
NRC
BHANGAGARH
GUWAHATI- 5
5:THE DEPUTY COMMISSIONER
CACHAR
P.O- SILCHAR
PIN- 788006
DIST- CACHAR
ASSAM
6:THE SUPERINTENDENT OF POLICE (B)
DIST CACHAR
ASSAM
PIN- 781001
7:THE OFFICER IN CHARGE
SILCHAR POLICE STATION
P.O- SILCHAR
PIN- 78100
Advocate for the Petitioner : MS. J PAUL, MS P BORAH
Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, F.T,SC, ELECTION COMMISSION.
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
13.05.2026 (S.K. Medhi, J)]
Heard Ms. J. Paul, learned counsel for the petitioner. Also heard Ms. B. Sharma, learned CGC.
The instant application under Article 226 of the Constitution of India has been filed challenging an order dated 07.07.2018 passed by the learned Member, Foreigners’ Tribunal, 4th Cachar at Silchar in F.T. Case No. 4th/D/408/2015 arising out of Katigorah P.S.I/Case No. 9875/1998 reference made under Rule 2 (1) of the Foreigners’ Tribunal Order, 1964 by the Superintendent of Police (B), District- Cachar, Silchar whereby the petitioner has been declared a foreigner post 25.03.1971.
Though various grounds of challenge have been made, Ms. Paul, the learned counsel for the petitioner has submitted that instead of pressing the present application, he may be given liberty to approach the appropriate authority under the Citizenship Amendment Act.
The aforesaid proposition is not objected to by the learned counsel for the respondents.
In view of the above, the writ petition is closed with liberty to the petitioner to approach the appropriate authority under the CAA and if such approach is done in the manner prescribed, the same is to be considered in accordance with law.
JUDGE JUDGE Comparing Assistant