WP(C) 3886/2010 BEFORE THE HON’BLE MR JUSTICE. B.D. AGARWAL The petitioner is challenging the impugned judgment and order dated 3.1.2009 pas sed by the Member, Foreigners Tribunal-II, Lakhimpur, North Lakhimpur in LFT Cas e No. 71/08 whereby the petitioner has been declared as post 25.3.1971 foreigner . Heard Mr. J. Ahmed, learned counsel for the petitioner. Also hea rd Mr. J Handique, learned State counsel and Mr. M. Bhagawati, learned CGC. The petitioner’s case is that the impugned judgment has been pas sed ex-parte without serving any notice to the writ petitioner. As per the record, the notice in the name of Anowar Hussain was handed over to Abdul Ali, who identified himself as the son of the writ petition er. However, the petitioner has disputed the aforesaid fact. According to the pe titioner, Abdul Ali is not his son. This fact has been corroborated by the repor t of the S.P. submitted to this court vide Memo dated 10.3.2011. In view of the aforesaid fact and report of the S.P., the impugn ed judgment is hereby set aside. The Foreigners Tribunal is directed to decide t he case afresh. Since the petitioner has come to know about the proceeding, no f resh notice is necessary. Since the entire proceeding is vitiated for non-service of the n otice, the petitioner is entitled to be released from the detention camp. Accord ingly, SP, Lakhimpur is directed to release the petitioner after obtaining bond and sureties to ensure that the petitioner will be available during the proceed ings before the Tribunal and also after the judgment. The petitioner shall appear in the Tribunal within a week from his release from the detention camp and he shall also be required to appear in the Tribunal as a nd when required and if there is any default in the personal appearance in the Tribunal, the learned Member, Foreigners Tribunal shall be at liberty to put the petitioner in the detention camp. A copy of this order shall be furnished to the Superintend of Po lice, Lakhimpur. Registry is directed to forward a copy of this order to the Tri bunal immediately along with the LCRs. With the aforesaid directions, the writ petition stands disposed of.