WP(C) 5290/2008 BEFORE THE HON’BLE MR. JUSTICE C.R.SARMA Heard Mr. A.R. Sikdar, learned counsel appearing for the petitioner. Also heard Mr. R. Bora, learned counsel appearing for respondent Nos. 2,3 & 4. None appears for respondent No. 1 and respondent No. 5. By this application, the petitioner has prayed for setting aside the ex-parte or der, dated 14.01.2008, passed by the Foreigners Tribunal, Barpeta in Foreigners Tribunal Case No. 175(III)/07. By the impugned order, dated 14.01.2008, the lear ned Foreigners Tribunal-III, Barpeta, after hearing the matter, ex-parte, came t o the finding that the petitioner namely Anowara Begum, W.O- Md. Habibar Rahman was a Foreigner, who entered Assam after 25.3.1971 and accordingly the reference was answered in positive. Aggrieved by the said ex-parte order, the petitioner, by filing this application under article 226 of the Constitution of India, has submitted that her Advocates, namely Abdul Jalil and Surat Jamal, the said Advoc ates, after receiving the relevant papers from her Contd &2 2 failed to take necessary steps in the proceeding, which resulted in ex-parte he aring of the matter. On behalf of the petitioner it is submitted that the petiti oner is an Indian citizen and that despite having all the necessary documents, i n support of her claim, she did not get opportunity to establish her case. The l earned counsel for the petitioner has referred to the certificates issued by the local Gaonbu ra, the President Gaon Panchayat and the voter list and submitted that in view o f the contentions made in the said documents, the petitioner is an Indian citize n and that in the event of allowing the ex-parte to stand, the petitioner will s uffer irreparable loss and injury and that she will be deprived from justice. Though the petitioner has referred to the above mentioned documents, in support of her claim as India citizen, this Court at this stage does not deem it proper to express any opinion on the correctness and veracity of the said statements ma de by the petitioner. However considering the entire facts and circumstances of the matter, as the petitioner could not produce the said documents in support of her claim ends of justice demands that she should be given an opportunity to su bstantiate her claim. Contd &.3 3 In view of the above and in the interest of the justice, the impugned order date d 14.01.2008 is set aside and the proceeding is demanded to the Foreigner’s Trib unal, Barpeta for disposal in accordance with law. In order to avoid any delay in the disposal of the proceeding before the Tribuna l the petitioner is directed to appear before the learned Foreigners Tribunal, B arpeta on 27th of September, 2010 in connection with the above case and on her a ppearance the learned Tribunal should proceed with the case in accordance with l aw allowing the petitioner to substantive her claim, if so advised. Send the LCR alongwith a copy of this order. It is submitted that the petitioner is in custody. The petitioner be produced be fore the Tribunal on the said date and the Tribunal shall pass appropriate order in this regard as per law. Misc. Case No. 437/2010 and Misc. Case No. 2214/2010 stands disposed of.