WP(C) 2502/2008 BEFORE HON’BLE MR JUSTICE B. P. KATAKEY Heard Mr. Barman, learned counsel for the petitioner, Mr. Bhagabati, learned CGC appearing for the respondent No. 1 as well as the Mr. Ghosh, learned State coun sel appearing for the State respondents. The grievance of the petitioner in the present petition is against the ex parte order dated 14.9.2007 passed by the Foreigners’ Tribunal, Lakhimpur in FT Case N o. 57/2007 declaring the petitioner as illegal migrants coming to Assam from the specified territory after 25.3.1971. A Full Bench of this Court in Moslem Mondal vs. State of Assam and Ors. reported in (2013) 1 GLT 809 has held that the Tribunal does not become funtus officio, after rendering its opinion, for entertaining an application for setting aside a n ex parte opinion. In view of the above, the petitioner may approach the Tribunal for setting aside its ex parte opinion. In the event such application is filed the Tribunal shall consider the same in a ccordance with law keeping in view the judgment passed by the Full Bench of this Court in Moslem Mondal and ors’ case. The petitioner is given the liberty to move the Tribunal for releasing him from custody. The writ petition is accordingly disposed of. The Registry is directed to send down the records forthwith so as to reach the T ribunal within 15 days from today.