WP(C) 5074/2009 BEFORE THE HON’BLE MR.JUSTICE B.D.AGARWAL The writ petition is directed against the judgment and order da ted 6.8.2009 passed by the learned member Foreigners Tribunal, (1st) Morigaon in FT case No.122/07 declaring the writ petitioners as a post 25.3.1971 foreigners and they have been directed to deport from India. Heard Sri A K Purkayastha, learned counsel for the petitioners a nd Sri G.Soren, learned State Counsel and Mr. P.Das, learned CGC appearing for t he Union of India. Shri Purkayastha, learned counsel submitted that although the pe titioners are Indian citizen, however, they have been declared as foreigners, s ince the impugned order was passed ex-parte. According to the learned counsel fo r the petitioners, they had not given opportunity to contest the case. On the other hand, record reveals that the notices were du ly served upon the petitioners for their appearance on 7.7.2007 and as such the plea taken by the petitioners that the impugned order has been passed without no tice to them is factually incorrect. Be that as it may though the impugned order has been passed ex- parte the petitioners have submitted few documents showing that they were living in India prior to 1971. Hence, it is a case for fresh trial for giving opportun ity to the petitioners to file their written statements and adduce evidence. For the aforesaid limited purpose the impugned order is set asid e. The tribunal is directed to decide the case afresh by giving another opportun ity to the petitioners to file their written statement and adduce evidence if so advised. However, this exercise shall be concluded within a period of three mon ths from the date of receipt of a copy of this order. Petitioners are directed to appear in person before the tribuna l on 4.3.2010 and receive further orders. Registry is directed to return the LCR to the tribunal forthwith . In the result, writ petition stands allowed with cost of Rs.10,0 00/-(ten thousand). Petitioners are directed to deposit the said money in the Hi gh Court Registry within one month from today and on receipt of the said money, the same shall be handed over to the High Court Legal Aid Fund. With the aforesaid directions, writ petition stands disposed of.