WA 487/2005 BEFORE THE HON’BLE MR JUSTICE D. BISWAS, CHIEF JUSTICE(ACTG.) THE HON’BLR MR JUSTICE H.N.SARMA The unsuccessful writ petitioner Md Babul Rahman has again agitated his cause es poused in the writ petition by filing this appeal. The crux of the allegation of the writ petitioner as made out in the writ petition inter-alia is that he was served with a notice by the Foreigners Tribunal, Dibrugarh to appear in the Trib unal to which, he did not respond. The learned Tribunal issued him the notice in connection with Case No.FTI 1501/02(P.E.No.2793/99) which was registered questi oning as to whether he is a citizen of India under the provisions of Citizenship Amendment Act, 1985. Despite service of the aforesaid notice, the writ petition er not having turned up to defend his case before the learned Tribunal, his case proceeded exparte against him. Consequently, by the order dated 10.8.2004 the l earned Tribunal declared him to be a foreigner under the provisions of the afore said Act, allowing to register his name in the Foreigners Registration Office wi thin two months. Challenging the aforesaid order, the petitioner having approach ed this Court in the aforesaid writ petition, the learned Single Judge dismissed the same, which is the subject matter of this appeal. 2. Heard Mr AB Choudhury, learned senior counsel for the appellant-writ pet itioner; Mr H. Rahman, learned Asstt. SGI and Mr BJ Talukdar, learned State coun sel for the concerned Respondents. 3. We have perused the materials before us and also given our anxious consi deration to the issue involved in this appeal. 4. Upon perusal of the materials before us, we are in agreement with the ul timate decision rendered by the learned Single Judge in the aforesaid writ petit ion. 5. In the result, the appeal is dismissed. The order passed by the learned Tribunal on 10.8.2004 in Case No.FTI 1501/02 (P.E.No. 2793/99) shall remain oper ative.