WP(C) 3318/2011 BEFORE THE HON’BLE MR JUSTICE. BD AGARWAL The petitioner herein is challenging the judgment and order dated 3.3.2011 passe d by the learned Member, Foreigners Tribunal No.1, Dhubri in FT Case No. 406/D/2 006 declaring the petitioner as post 25.3.1971 foreigners. Heard Mr. MU Mahmud, learned counsel for the petitioner, Mr. BN Gogoi, learned G ovt. counsel appearing for the State respondents and Mr. A Hussain, learned CGC. Apparently, the impugned order has been passed ex-parte. According to the learne d counsel, on receipt of notice from the Tribunal, the petitioner had engaged a counsel but for inaction of the lawyer, the ex-parte judgment has been passed. Along with the writ petition, certified copies of the previous orders have been annexed wherefrom it is gathered that the counsel for the writ petitioner had ta ken adjournments on various dates for filing written statement and finally the l earned counsel himself disappeared. Thereafter the Tribunal suo-muto issued noti ce to the writ petitioner but the notice also could not be served for nearly two years period. Hence, the impugn judgment has been passed. In the interest of justice and only for the limited purpose to get a reasoned ju dgment on the basis of the evidence of both the sides, the judgment is hereby se t aside and the Tribunal is directed to decide the case afresh. For this purpos e, both the parties may be given an opportunity to adduce their evidence. The pe titioner is directed to file written statement within a period of two weeks from to-day and thereafter the case shall be decided expeditiously, preferably withi n a period of three months. With the aforesaid direction, the writ petition stands disposed of.