WP(C) 4714/2003 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY The petitioners challenge the order dated 27.5.03 in Misc. Case No. 3/2003 rende red by the Illegal Migrants (D) Appellate Tribunal, Assam, Guwahati-I, whereby the declaration made earlier by the Illegal Migrants (D) Tribunal , Sankardev N agar, Hojai in Case No. IMDT/H/5/93 have been affirmed by the dismissal of the c ondonation application by the Appellate Tribunal. In the original proceeding, by its judgment and order dated 30.9.02, the IMDT, Hojai Sankardev Nagar concluded that the petitioners are post 25.3.1971 migrants from Bangladesh and are liable to be deported from India. 2. Mr. I. Uddin, learned counsel appearing for the petitioners submits that after the Supreme Court has held that the Illegal Migrants (D) by Tribunals) Ac t as ultra vires the constitution in the case of Sarbananda Sonowal vs. Union of India reported in AIR 2005 SC 2920, the cases pending before the IMDT have been ordered to be transferred to the Tribunals under the (Foreigner’s Tribunals) Or der, 1964 and such cases are to be considered under the provisions of the Forei gners Act, 1946. 3. In respect of pending writ petitions before the High Court, the learned counsel refers to a decision dated 23.5.06 in WP(C) No. 5846/99, where this Cour t had directed that such writ petitions where the orders of the Appellate Tribun al under the IMDT Act are under challenged, be transferred to the Foreigner’s Tr ibunal. On the basis of this decision, the petitioner prays for transfer of the present case for consideration by the Foreigner’s Tribunal as the case projected by the petitioner is that they were denied of an opportunity to establish their status as Indian citizens before the IMDT Tribunal. 4. Mr. J. Handique, learned Govt. Advocate submits that in view of the deci sion of the Apex Court in Sarbandanda Sonowal (Supra) and also this Court’s deci sion for transfer of the pending cases to the Foreigner’s Tribunal, this case ma y also be transferred to the Foreigner’s Tribunal. 5. Having regard to the submissions made and also the decision rendered by this Court on 23.5.06 in WP(C) No. 5846/99 (Santi Ranjan Dey vs. State of Assam) and other similar cases, I am of the opinion that this case should also be tran sferred to the Foreigner’s Tribunal. 6. Mr. I. Uddin, learned counsel submits that the petitioners are prepared to appear before the Foreigner’s Tribunal, Sankardev Nagar, Hojai on 30.9.2010 s o that they can establish the status before the Tribunal. 7. In view if above, this case is disposed of by permitting the petitioner to present themselves before the Foreigner’s Tribunal on 30.9.2010. Thereafter t heir case shall be decided as per provisions of the Foreigners Act and the relev ant Rules. Interim order also stands vacated. 8. A copy of this Court’s order dated 23.5.06 in WP(C) No. 5846/99 is kept in the case record.