WP(C) 5338/2010 BEFORE HON’BLE MR. JUSTICE UB SAHA The instant writ petition is filed by the present petitioner , Moni Bala Suthra dhar for quashing the impugned exparte judgment and order dated 9.6.09 passed i n Case No. FT 222(G)/06 by the Foreigners Tribunal, Goalpara, Assam, wherein it is held that the petitioner is illegally migrant. Heard Mr M.A. Sheikh, learned counsel for the petitioner as well as Ms V.L. Singha, learned Govt Advocate, Assam for the State respondents. When the matter is taken up for motion hearing, Mr. Sheikh, lear ned counsel for the petitioner submits that the petitioner could not appear befo re the Foreigners Tribunal on the date fixed, even after receiving notice due to her poverty . He also fairly submits that before approaching this court , the petitioner did not approach the Foreigners Tribunal either to review or modify t he impugned order by way of filing of any application. In response to the said s ubmission, the learned Govt Advocate submits that let the petitioner file an app lication before the Tribunal for re-calling the order dated 9.6.09 passed in FT Case No.222(G)/06 and if she is aggrieved by the order of the Tribunal, then she may approach again before this court. Mr. M. Bhagawati, learned counsel appeari ng on behalf of the Union of India has no objection to the submission of Mr. M.A . Sheikh, learned counsel for the petitioner. This court is also of the considered opinion that without provid ing an opportunity to the Tribunal either to consider the reasons for non-appear ance of the petitioner or the grievance of the petitioner as stated in the insta nt writ petition, it would not be proper to set aside the impugned order. Hence, the instant writ petition is disposed of with a direction to the petitioner to approach the Foreigners Tribunal, Goalpara, Assam within a period of 15 days from today and if the petitioner file any application before t he Tribunal explaining the reasons for her non-appearance on the date of passing the impugned order dated 9.6.09, then the Tribunal shall pass necessary orders on the said application within a period of 15 days from the date of receipt of t he application of the petitioner along with a copy of this order as well as a co py of the writ petition and till then the respondents shall not give effect to t he impugned order dated 9.6.09. The learned Tribunal also consider the financial position of the petitioner and if the petitioner is not in a position to engage a lawyer, the T ribunal should provide a lawyer from the Penal prepared by the Legal Services Au thorities. With the aforesaid order the instant writ petition is disposed o f