WP(C) 5830/2009 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI Heard Mr. P.C. Dey, learned counsel for the petitioner, and Ms. J. Huda, learned counsel, appearing on behalf of the respondent No. 1. Heard also Mr. P. K. Roy, learned Additional Senior Government Advocate, appearing on behalf of t he respondent Nos. 2 and 3. By the impugned order, dated 18.05.2009, passed, in F. T. Case No. 157 G /2006, the learned Foreigners Tribunal, Goalpara, has declared the petitioner as a foreigner, who had illegally entered into Assam on or after 25.03.1971 from B angladesh. Though the petitioner has filed some documents in support of her content ion that she is an Indian, this Court is not inclined to consider the veracity o r correctness of the documents inasmuch as it is the Foreigners Tribunal to adju dicate and decide as to whether the petitioner is or is not a foreigner. What is , however, important to note, in the present case, is that the petitioner had ap peared in the proceedings in the learned Tribunal and, though she had submitted a written statement, she did not adduce any evidence. In this writ petition, the petitioner has submitted a medical certificate to show that due to a facture of her leg that she was unable to move and she had been advised to rest. The medic al certificate also shows that the petitioner is aged about 80 years. In the face of the facts, as indicated hereinbefore, this Court is of th e view that it would be in the interest of justice, if the impugned order is set aside and the matter is remanded to the learned Foreigners Tribunal, Goalpara, for disposal in accordance with law. In the result and for the foregoing reasons, the impugned order, dated 1 8.05.2009, is hereby set aside and, in consequence thereof the impugned Quit Ind ia Notice, dated 04.06.2009, issued to the petitioner, shall also stand set asid e and quashed. The proceedings are hereby ordered to be remanded to the learned Foreigners Tribunal, Goalpara, for disposal in accordance with law. In order to avoid delay in the disposal of the proceedings, the petition er is hereby directed to appear in the learned Foreigners Tribunal, Goalpara, on 01.02.2010, in connection with the case aforementioned and, on her appearance, the learned Tribunal shall proceed with the case in accordance with law allowing the petitioner to contest the proceedings, if she so desires. Send back the LCR along with the copy of this order. Bring the above directions to the notice of the Deputy Registrar (Bench) .