WP(C) 6371/2011 BEFORE HON’BLE MR. JUSTICE S. TALAPATRA Heard Mr. D.C. Borah, learned counsel appearing for the petitioners. Also heard Mr. B.J. Ghosh, learned State counsel for the respondent Nos. 1 to 4 and Mr. M. Bhagabati, learned CGC for the respondent No.5. By order dated 09.09.2011, the learned Member, Foreigners Tribunal (1st) Morigao n, Assam, in FT Case No.74/2007, passed an ex parte order declaring that the pet itioners are foreigners under Section 2(a) of the Foreigners Act,1946. It appears from the said order that though the petitioners have filed written st atement, they did not appear on numerous dates as were provided by the Tribunal. It appears all the petitioners are unlettered. It is admitted by the learned co unsel for the petitioners that on numerous dates the case was listed before the Foreigners Tribunal but they could not know that their counsel had not been appe aring to represent their case in the Tribunal. Be that as it may, as all the petitioners are unlettered and the decision has be en taken ex parte even without considering their written statement, the impugned order dated 09.09.2011 is interfered with by this court for substantive justice and the Foreigners Tribunal concerned is directed to give a final opportunity t o the petitioners to represent their case. Accordingly, the petitioners are directed to appear before the learned Member, F oreigners Tribunal (1st), Morigaon, Assam, on 27.01.2012 and in turn the learned Member, Foreigners Tribunal shall dispose of the reference within one month fro m that date. It is made clear that the Foreigners Tribunal may not give any furt her opportunity. They are to attend the Tribunal proceeding on the date so fixed without fail. With this observation and direction, the writ petition is allowed. A copy of this order be furnished to the learned State counsel appearing for the respondents for making a reference to the learned Member, Foreigners Tribunal ( 1st), Morigaon, Assam.