WP(C) 5182/2009 BEFORE HON’BLE MR JUSTICE B D AGARWAL This writ petition has been filed so as to challenge the Order d ated 27.11.2008, passed by the learned Foreigners Tribunal, Goalpara, in FT Case No. 1313/G/06, whereby, the petitioner Smt Kanchan Nessa has been declared as p ost 1971 foreigner. I have heard Sri M U Mahmud, learned counsel for the petitioner, Smt T Hazarika, learned Government Advocate for the respondents and Sri P Das, learned counsel representing the Union of India. Sri Mahmud submitted that the petitioner is an Indian citizen by birth. The learned counsel also referred to a series of voters list and other d ocuments to buttress the aforesaid statement. However, in absence of giving the evidence before the Tribunal it is not proper on my part to give any opinion on the documentary evidence produced before me. Apparently, the impugned order has been passed exparte. The lear ned counsel submitted that although the petitioner has engaged a lawyer, due to his (lawyer’s) negligency neither the written statements nor the documents were filed. In the interest of justice, more particularly, in view of afores aid statements of the learned counsel the impugned order is set aside. The learn ed Member, Foreigners Tribunal, Goalpara, is directed to decide the case afresh by giving opportunity to the petitioner to file her written statements and docum ents and adduce evidence. It is made clear that this exercise shall be completed within a period of 3 (three) months from the date of appearance of the parties in the Tribunal. For speedy disposal of the case, the petitioner is directed to a ppear in the Tribunal on 26.02.2010 and for further direction. Since the matter is remanded back for fresh decision, the impugn ed order dated 27.11.2008, passed by the learned Foreigners Tribunal, Goalpara, in FT Case No. 1313/G/06, is hereby set aside. The learned CJM, Goalpara, is directed to release the accused on bail of Rs. 15, 000/- with 2 (two) sureties of the like amount to his satisfact ion. With the aforesaid directions, the writ petition stands disposed of.