WP(C) 346/2010 BEFORE THE HON’BLE MR. JUSTICE B D AGARWAL Today, the order passed on 20.10.2011, is hereby set aside vide order passed in Review Petition No. 116 of 2011. Heard Sri G P Bhowmik, learned counsel for the petitioner as wel l as Sri A Hussain, learned CGC, appearing on behalf of the Union of India. None appeared for the State respondents. The petitioner has been declared post 1971 foreigner by the lear ned Member of the Foreigners Tribunal, Goalpara, vide judgment and order passed on 22.09.2009, in FT Case No. 839/G/2006. The petitioner’s case is that notice was not properly served upo n the petitioner. Hence, the judgment was passed exparte. The fact remains that the petitioner is in detention camp and th e State will not suffer any prejudice if the Foreigners Tribunal is directed to give opportunity to the petitioner to contest the case by filing written stateme nts and adducing evidence. Accordingly, the impugned Judgment dated 22.09.2009, is set asid e. The learned Tribunal is directed to decide the case afresh within a period of 2 (two) months from the date of production of a certified copy of this Judgment . The Superintendent of Police, Goalpara, is directed to produce t he petitioner in the Tribunal on 30.01.2012. The Registry is also directed to send a copy of this order to th e Superintendent of Police, Goalpara, for necessary action. With the aforesaid directions, this writ petition stands dispose d of.