WP(C) 5243/2009 BEFORE HON’BLE MR JUSTICE B D AGARWAL By filing this writ petition, the petitioners are challenging th e Judgment and Order dated 08.10.2009, passed by the learned Member, Foreigners Tribunal, No. 1, in FT Case No. 274 of 2007 (B), arising out of FT Reference No. 2142 of 2001. By the impugned order, the petitioners and their minor daughter Jakia Sharmila Khatun have been declared post 25.03.1971 foreigner. I have heard Sri J Islam, learned counsel for the petitioners, S mt T Hazarika, learned Government Advocate for the respondents and Sri P Das, le arned counsel representing the Union of India. Sri Islam submitted that although the petitioners contested the case by filing their written statements and documents, at the fag end of the tri al the petitioners could not attend the trial due to illness of the petitioner N o. 2. According to the learned counsel, the petitioners are Indian cit izens by birth and in support of this contention, the learned counsel referred t o various documents filed with the writ petition. It would not be proper on my p art to give opinion about the admissibility and genuineness of the documents at this stage. In the interest of justice, more particularly, in view of afores aid statements of the learned counsel the impugned order is set aside. The learn ed Member, Foreigners Tribunal, No. 1, is directed to decide the case afresh by giving opportunity to the petitioners to file their written statements and docum ents and adduce evidence. It is made clear that this exercise shall be completed within a period of 3 (three) months from the date of appearance of the parties in the Tribunal. For speedy disposal of the case, the petitioners are directed to appear in the Tribunal on 26.02.2010 and for further direction. Since the matter is remanded back for fresh decision, the impugn ed Judgment and Order dated 08.10.2009, passed by the learned Member, Foreigners Tribunal, No. 1, in FT Case No. 274 of 2007 (B), arising out of FT Reference No . 2142 of 2001, is hereby set aside. With the aforesaid directions, the writ petition stands disposed of.