WP(C) 2533/2010 BEFORE HON’BLE THE CHIEF JUSTICE MR.R.S.GARG HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr.BN Sarma, learned counsel for the petitioner, Mr.P Das, learned counsel for Respondent No.1 and also Mrs.B Gogoi, learned State Counsel for Respondent No.2. 2. With the consent of the parties, the matter is finally heard. 3. The petitioner, being aggrieved by the order dated 10.12.2009 pa ssed by the Foreigners Tribunal (2nd Tribunal), Barpeta, in F.T. Case No.527 of 2008 holding the petitioner not to be a citizen of India declaring him as a fore igner with a further direction to take further steps against him, has come to th is Court with a submission that the order passed by the Tribunal is casual, cava lier and perfunctory. It is submitted by the learned counsel for the petitioner that the evidence brought on record, if, is taken on its face value, it would fa ll short to record a finding against the interest of the present petitioner. It is also contended that for some inadvertence, the petitioner could not take part in the enquiry, therefore, present is a fit case for remanding the matter back to the Tribunal for trial in accordance with law. 4. Learned counsel for the respondents/State, on the other hand, su bmitted that the findings recorded by the learned Tribunal are in accordance wit h law and do not call for any interference. It is also submitted that after serv ice of the notice, if the petitioner had chosen not to appear, then, premium can not be added to the wrong committed by the petitioner by setting aside the order . 5. After hearing the learned counsel for the parties, we are of the considered opinion that present is a fit case, where the order impugned should be set aside, firstly, to provide an opportunity to the present petitioner to ra ise his defence before the Tribunal and, secondly, to permit the respondents/Sta te to bring on record appropriate evidence on the strength of which a finding ei ther in favour or against the interest of the respondents can be recorded. The f indings and the orders recorded by the learned Tribunal are hereby set aside. 6. The Tribunal is hereby directed to restore the original matter a t its number with a further direction that it shall grant appropriate opportunit y of filing a reply to the petitioner and opportunity to the parties to lead evi dence in support of their respective cases. To ensure that the present petitione r does not thwart the trial or run away from the trial, we hereby direct that th e petitioner shall be obliged to furnish his personal bond for sum of Rs.20,000/ - (Rupees twenty thousand) with one surety in the like amount to the satisfactio n of the Tribunal with an undertaking that on all dates, he shall appear before the Tribunal and in case, the order goes against him, he would not run away from the consequences. 7. Petition is allowed. 8. The original records be sent back immediately to the learned For eigners Tribunal with a copy of this order. 9. A copy of this order be supplied to all parties.