GUWAHATI, India, May 25 -- Gauhati High Court issued the following order on April 24:

1. Heard Mr. A.H.M.R. Choudhury, learned counsel for the petitioner. Also heard Mr. K.K. Parashar, learned CGC appearing for respondent No.1; Ms. A. Verma, Advocate, standing counsel for FT and Border matters, representing respondent nos. 2, 4 and 6; Mr. A.I. Ali, Advocate, standing counsel for Election Commission of India, respondent no.5; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate representing respondent no.3.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Tara Bhanu, has challenged the opinion dated 12.06.2019 passed by the learned Member, Foreigners Tribunal- 5th, Barpeta, Assam, in Case No. F.T.(5th) 366/2015, arising out of Ref. IMDT Case No. 11275/98, thereby declaring her to be a foreigner, having entered into Assam after 25.03.1971.

3. The petitioner has projected in her written statement that the case was instituted against her without proper investigation. She was born and had grown up in village- Khudrakhuwa, Mouza- Titapani, P.S. Baghbar, Dist. Barpeta, Assam. One Jafer @ Jafar Ali @ Mujafar Ali, is her grandfather and Taju Sheikh, whose name appeared in the NRC of 1951 and in the voter list of 1966, 1970 and 1997, is her father. On attaining marriageable age, she was married to Nizam Uddin, son of Abdul Karim, resident of Khudrakhuwa, Mouza- Titapani, P.S. Baghbar, Dist. Barpeta, Assam. The name of her father appeared in the revenue paying receipt dated 30.10.1983, of land covered by Patta No. 64 of village- Khudrakhuwa, Mouza- Titapani. Her own name appeared in the voter list of 1985 in village- Khudrakhuwa, under Jania LAC. The petitioner's husband along with his family had shifted from village- Khudrakhuwa to village- Aprupi before 1997 and she was marked as 'D' voter in the electoral roll of 1997 of village- Aprupi and in subsequent voter lists also. She has been given link certificate by the Secretary of 57 No. Isabpur Gaon Panchayat, countersigned by the Block Development Officer. Two certificates have been given by the Gaonburah of Khudrakhuwa and Aprupi village, in respect of her father and husband as permanent resident of those villages. Accordingly, the petitioner had prayed to declare her as an Indian citizen and to drop the proceeding against her.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WqrG%2BvUbHN%2BApoun%2FwkcDPfehBKNFviL8D5iVzl%2FXfnU&caseno=WP(C)/7748/2019&cCode=1&cino=GAHC010250332019&state_code=6&appFlag=)

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