WP(C) 2750/2011 BEFORE HON’BLE MR. JUSTICE B D AGARWAL Heard Dr B Ahmed, learned counsel for the petitioner as well as Sri J M A Choudhury, learned counsel for the Union of India. Also heard Smt B Hazarika, learned Government Counsel, appearing on behalf of the State respondents. The writ petitioner is challenging the Judgment dated 26.04.2011, passed by the learned Member, Foreigners’ Tribunal, Diphu, Karbi Anglong, in FT (C) No . 392 of 2006. By this impugned judgment, the learned Tribunal has declared the petitioner and her husband Sri Babul Ali, as Post-25.03.1971 foreigners. Dr Ahmed submitted that the petitioner did not received any noti ce from the Tribunal and as such, the Judgment has been passed exparte. The learned counsel for the Union of India, has also admitted th e aforesaid fact. Hence, the Judgment passed on 26.04.2011 is set aside, only in r espect of Smt Mayarun Nessa. In other words, the order against her husband remai ns as on today. The learned Tribunal is directed to decide the case afresh, within a per iod of 3 (three) months from the date of receipt of a certified copy of this ord er. Hence, the petitioner is directed to appear before the Tribunal on 24.10 .2011 and file her written statement positively. If no written statement is file d, the Tribunal shall be at liberty to remand the petitioner to judicial custody and if, the written statement is filed, the case shall be posted for evidence. However, it is made clear that that till a fresh Judgment is passed by t he Tribunal, the petitioner shall not be deported from India. With the aforesaid directions, this writ petition stands dispose d of. The Registry is directed to return the LCRs forthwith.