WP(C) 394/2009 BEFORE HON’BLE MR. JUSTICE B.D. AGARWAL Heard Mr. I. Uddin, learned counsel for the petitioner and Mr. J. Handique, lear ned Govt. Advocate for the respondents. With the consent of learned counsel of both sides this writ petition is taken up for disposal at the admission stage itself. The writ petitioners are challenging the order dated 24.3.2008 passed by the lea rned Member, Foreigners Tribunal, Nagaon in FT Case No. 38 of 99 declaring the w rit petitioners as foreigners since they have entered into Assam after 1.1.1966 but before 25.3.1971. The learned counsel for the petitioner submitted that the petitioners could not contest the case properly due to death of daughter of petitioner No. 1 and 2. In the impugned order also it is reflected that after filing the written statement , the Opposite parties failed to contest the case. For an effective adjudication of the matter, the impugned order is set aside and the case is remanded back to the Foreigners Tribunal, Nagaon. The learned Tribu nal is directed to decide the case afresh in accordance with law. The petitioners are directed to appear on 31.3.2009 and receive further directio ns. The writ petition stands disposed of. Return the LCR with a copy of this order.