WP(C) 1761/2010 BEFORE HON’BLE MR. JUSTICE RANJAN GOGOI HON’BLE MR. JUSTICE B.D. AGARWAL Heard Mr. TJ Mahanta, learned counsel for the petitioner, Mr.KN Choudhur y, learned Advocate General, Assam and Mr.P.P. Das, learned counsel appearing fo r Respondent No.1. As agreed to by the learned counsels for both the sides, this writ petition is disposed of at the motion stage. This writ petition is directed against an ex-parte order dated 25.2.2010 passed by the learned Foreigners Tribunal(Second), Dhubri in F.T. Case No.127/C PR/07. By the aforesaid order, the learned Tribunal has declared the writ petiti oner to be Foreigner of the post 1971 stream. In paragraph-6 of the writ petition, the petitioner has stated the reaso ns why in-spite of receipt of notice she could not appear and lay materials befo re the learned Tribunal in support of her case. The petitioner has also enclosed to the present writ petition copies of voter lists of 1993, 1997, 2005 and 2008 to show that her name appears in the voter lists of East Bilasipara Constituenc y. We have considered the grounds set out in paragraph-6 of the writ petiti on. We have also considered the materials i.e. the voter lists placed before the Court along with the writ petition. On such consideration, it is our considered view that the petitioner has reasonably explained her absence in the proceeding s before the learned Tribunal. The materials enclosed to the writ petition i.e. voter lists having indicated a prima facie case, we are of the view that the ex- parte order dated 25.2.2010 passed by the learned Tribunal requires interference . Accordingly the said order is set aside and the matter is remanded for r econsideration by the learned Tribunal. The petitioner would arrange for her app earance before the learned Foreigners Tribunal (Second), Dhubri on 7th April, 20 10 and, thereafter, the learned Tribunal will dispose of the matter within six w eeks thereafter. The petitioner who is in Goalpara Jail will continue to be lodg ed there. We have considered it expedient to pass the aforesaid direction, notwi thstanding the remand of the matter to the learned Tribunal, as the petitioner i n-spite of being lodged in Goalpara Jail has been able to file the writ petition before this Court and also been able to lay necessary materials, as referred to hereinabove, before this Court. The writ petition, accordingly, stands disposed of.