WP(C) 2516/2010 BEFORE THE HON’BLE MR. JUSTICE B.D. AGARWAL With the consent of learned counsels for both the sides, this writ petit ion is being disposed of at the order stage itself. Heard Ms. M. Devi, learned counsel for the petitioners and Mr. M. Bhagaw ati, learned C.G.C. and Mr. J. Handique, learned Government Advocate, Assam. The writ petitioner has challenged the order dated 17.2.2010 passed by t he learned Member, Foreigners Tribunal, Goalpara in F.T. Case No.152(G)/2006. By the impugned judgment, the petitioners have been declared as post 25 .3.1971 foreigners. Apparently, the impugned judgment has been passed ex-parte. Ms. M. Devi, learned counsel submits that when the case was taken up for hearing , the petitioners and their counsel went out for a brief period leaving the Trib unal campus which resulted into passing of the impugned judgment. Upon hearing the learned counsel for both the sides, I am of the view th at for the ends of justice, another opportunity of hearing should be given to th e petitioners. For this purpose, the impugned order dated 17.2.2010 is hereby set aside . The Tribunal is directed to decide the case afresh within a period of three mo nths from the date of receipt of a copy of this order. Registry is directed to send back the LCR forthwith along with a copy of this order. At the same time, the petitioners are directed to appear before the Tribunal on 5.12.2011 for further direction. Till fresh decision of the Tribunal, the petitioners shall not be deport ed from India.