WP(C) 2316/2003 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. A.K. Purkayastha, learned counsel for the petitioners and Mrs. Phukan, learned State counsel appearing for the respondents. The petitioners have filed this writ petition challenging the common jud gment and order dated 24.02.2003 passed by the Illegal Migrants (D) Appellate Tr ibunal, Assam at Guwahati in Appeal Case Nos.1/2003 and 2/2003, dismissing the s aid appeals by affirming the common judgment and order dated 31.05.2002 passed b y the Illegal Migrants (D) Tribunal, Hojai at Sankardev Nagar in Case Nos.IM(D)T /H/863 /91 and IM(D)T/H/861/91, whereby and whereunder the appellants, who are t he brothers, are declared as illegal migrants under the provisions of Illegal Mi grants (Determination by Tribunal) Act, 1983. The learned counsel appearing for the petitioners referring to 2(two) Di vision Bench judgments of this Court in Karamat Ali Vs. State of Assam & ors. re ported in 2008(1) GLT 947 and in Rejia Khatun Vs. Union of India & anr. reported in 2010(6) GLR 611 has submitted that since the 1983 Act has been declared as u nconstitutional by the Supreme Court in Sarbananda Sonowal Vs. Union of India & anr. reported AIR 2005 SC 2920, the judgments and orders passed by the learned T ribunal as well as by the Appellate Tribunal require to be set aside and the mat ter is required to be referred to the appropriate Foreigners Tribunal for decidi ng the dispute relating to the citizenship of the petitioners. Mrs. Phukan, learned State counsel appearing for the respondents concurr ing such submission made by the learned counsel for the petitioners has submitte d that since 2(two) Division Benches of this Court in Karamat Ali (supra) and Re jia Khatun (supra) have taken such view, the matter may be referred to the Forei gners Tribunal, Hojai at Sankardev Nagar for deciding the dispute relating to th e citizenship of the petitioners. The declaration made by the learned Tribunal as well as the learned Appe llate Tribunal under the provisions of 1983 Act that the writ petitioners are il legal migrants is not in dispute. The Apex Court in Sarbananda Sonowal (supra) d eclared the 1983 Act as unconstitutional. Referring to the said decision of the Apex Court 2(two) Division Benches of this Court in Karamat Ali (supra) and Reji a Khatun (supra) have set aside the judgment and order passed by the learned Tri bunal as well as by the learned Appellate Tribunal and referred the matter to th e Foreigners Tribunal for fresh disposal of the question of citizenship of the p ersons concerned in accordance with the provisions of the Foreigners (Tribunals) Order, 1964 read with the Foreigners Act, 1946. That being the position, the impugned common judgment and order dated 24 .02.2003 passed by the Appellate Tribunal and also the common judgment and order passed by the Tribunal are set aside and the matter is referred to the Foreigne rs Tribunal, Hojai at Sankardev Nagar for fresh disposal in accordance with the provisions of the Foreigners (Tribunals) Order, 1964 read with the Foreigners Ac t, 1946. The parties are directed to appear before the learned Tribunal on 12.09 .2011. The learned Tribunal will register the separate cases in respect of both the writ petitioners and thereafter proceed to decide the said proceeding in acc ordance with law. An endeavour, however, shall be made by the learned Tribunal t o decide the said proceeding as expeditiously as possible and in any case within a period of 6(six) months from the date of appearance of the parties fixed by t his Court. The writ petition is accordingly disposed of. No costs. The Registry is directed to send a copy of this order passed today to th e Member, Foreigners Tribunal, Hojai at Sankardev Nagar forthwith so as to reach the said Tribunal on or before 05.09.2011. Copies of this order shall also be f urnished to the learned counsel for the parties.