WP(C) 15/2010 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI Heard Mr. BN Sarma, learned counsel for the petitioner, and Mr. P Das, l earned Central Government Counsel, for the respondent No. 1. Heard also Mr. P Ro y, learned Government Advocate, appearing on behalf of the State respondent. By the impugned order, dated 14-10-2009, passed in FT Case No. 321(G)/2006, lear ned Foreigners Tribunal, Goalpara, had rejected the petition filed on behalf of the petitioner seeking adjournment of the hearing on the ground that there was p ath bandh (call for road closer). Without holding that no call for path bandh ha d been given, The learned Tribunal, however, observed that in some cases, witnes ses have appeared. It needs to be noted that the petitioner’s house is, accordin g to what is submitted before this Court, at a distance of about 45 kilometers f rom the premises of the Tribunal. This apart, when the factum of road closer has not been disputed, the fact, that in some cases, some persons had appeared, oug ht not to have been made a ground for rejecting the petitioner’s prayer for adjo urnment. Every petition seeking adjournment has to be considered and decided by a Court or a Tribunal on its own merit. Because of what have been pointed out above, this Court is of the view that in t he facts and attending circumstances of the present case, the learned Tribunal o ught to have adjourned the hearing and allowed the petitioner to adduce evidence in support of her contention that she is not a foreigner. Considering the fact that this Court finds that the decision of the learned Trib unal not to adjourn the hearing was not justified in fact and in law, this Court restrain itself from making any comment on the correctness or otherwise of the finding, eventually, reached by the learned Tribunal that the petitioner is a fo reigner. In the result and for the reasons discussed above, the impugned order, dated 14- 10-2009, declaring the petitioner as foreigner, is hereby set aside and the proc eedings are remanded to the learned Tribunal for disposal in accordance with law . In order to avoid further delay in disposal of the proceedings, the petitioner i s hereby directed to appear in the learned Tribunal on 19-01-2010 and, on her ap pearance, as directed hereinbefore, the learned Tribunal shall fix date(s) for h earing and the hearing, which may be so fixed, shall not be adjourned except for reasons, which may be found by the learned Tribunal as wholly indispensable. With the above observations and directions, this writ petition shall stand dispo sed of. No order as to costs.