WP(C) 877/2009 BEFORE HON’BLE MR JUSTICE B D AGARWAL Heard Sri A M Mazumdar, learned senior counsel for the petitione r and Sri K N Choudhury, learned Additional Advocate General of Assam. As agreed upon by the learned counsel for both sides, the writ p etition is being disposed of at the order stage itself. The writ petitioner has filed this application under Article 226 of the Constitution of India, challenging the order dated 30.01.2009, issued by the Senior Superintendent of Police (B), City Guwahati in Quit India Case No. 4 1 of 2009, directing the petitioner to leave the territory of India within a per iod of 15 (fifteen) days. In pursuance of the said notice, the petitioner was ap prehended by Police Personnel and the petitioner is in prison since 12.6.2009. The Quit India Notice has been basically challenged on the groun d that the petitioner is a different person and not the person who has been decl ared as a foreigner by the Foreigners Tribunal, Kamrup (Metro) vide Judgment and Order dated 21.8.2008 in FT Case No. 194 of 2007. In view of the controversy regarding the identity of the petitio ner qua the person declared foreigner by the Tribunal, it is just and proper to direct the Tribunal to record additional evidence from both the sides with regar d to the identity of the petitioner. If the petitioner is found to be the same p erson who has been declared as foreigner by the Tribunal follow up orders will b e passed by the Tribunal in accordance with law. Till the aforesaid exercise is completed, the petitioner, namely , Md Atowar Rahman @ Atowar Rahman @ Atowar Mia, son of Late Amjad Ali, aged abo ut 31 years, resident of Village Fulbari, P O - Gomafulbari, P S - Tarabari, Dis trict - Barpeta, Assam, may be allowed to go on bail on appropriate condition th at may be imposed by the Tribunal. With the aforesaid directions, this writ petition stands dispose d of.