WA 304/2010 BEFORE HON’BLE THE CHIEF JUSTICE MR MADAN B. LOKUR HON’BLE MR JUSTICE U. B. SAHA Heard Mr AS Choudhury, learned senior counsel for the appellants and Mrs B Goyal , learned State Counsel. The appellants are aggrieved by an order dated 19-7-2010 passed by a learned Sin gle Judge in WP(C) No.3934/2010. The Foreigners Tribunal, Nagaon in FT Case No.109/2000 decided on 14-7-2008 had declared the appellants to be foreigners and had accordingly ordered their depor tation to Bangladesh. Feeling aggrieved, the appellants preferred a writ petition which came to be dis posed of by the order under appeal. The learned Single Judge noted that the proceedings against the appellants had g one ex parte and, therefore, gave liberty to the appellants, if so advised, to m ove an application before the Foreigners Tribunal explaining the reasons for the ir non appearance and seeking recall of the order passed by the Tribunal. It was observed that if such an application is filed the Tribunal would consider and d ispose it of in accordance with law, after affording due opportunity of hearing to the parties, as expeditiously as possible. Learned counsel for the appellants has no grievance insofar as this part of the order passed by the learned Single Judge is concerned. However, the submission made by the appellants before the learned Single Judge w as that they are likely to be deported from India to Bangladesh by the Quit Indi a Notice dated 23-2-2010 issued by the Superintendent of Police (B), Nagaon purs uant to the order dated 14-7-2008 passed by the Foreigners Tribunal. A prayer wa s therefore made for interim protection against the deportation. This was declin ed by the learned Single Judge and it is for this reason that the appellants are now in appeal before us against that part of the order passed by the learned Si ngle Judge. After hearing learned counsel for the parties, we are of the view that if the ap pellants are deported before they can move an application before the Foreigners Tribunal, the liberty granted to them by the learned Single Judge would be rende red meaningless. Therefore, it is necessary that some protection be given to the appellants till such time that they approach the Tribunal for setting aside the ex parte proceedings taken against them. Considering the facts and circumstances of the case we direct that the appellant s be not deported from India pursuant to the Quit India Notice dated 23-2-2010 f or a period of two weeks from today and in any case till 30-9-2010. In the meanwhile, the appellants may move an application before the Foreigners T ribunal in terms of the order dated 19-7-2010 passed by the learned Single Judge . We make it clear that any further orders that are required to be passed may th en be passed by the Foreigners Tribunal in accordance with law. We further make it clear that the interim protection granted to the appellants w ill be only upto 30-9-2010. In case they do not file an appropriate application before the Foreigners Tribunal, the respondents are at liberty to enforce the Qu it India Notice. With these directions and observations the writ appeal is disposed of.