WP(C) 5251/2009 BEFORE HON’BLE MR. JUSTICE B D AGARWAL Heard Sri A R Sikdar, learned counsel for the writ petitioner as well as Sri J H andique, learned State Counsel for the State respondents. Also heard Sri M Bhaga bati, learned Central Government Counsel, appearing on behalf of the Union of In dia. 2. With the consent of the learned counsel for both the sides, this writ petition is being disposed of at the order stage itself in view of the lim ited prayer of the writ petitioner. 3. The writ petitioner has been declared post 25.03.1971 foreigner vide impugned Judgment dated 02.02.2009, passed by the Foreigner’s Tribunal - II I in FT Case No. 185-III of 2007. 4. Sri Sikdar, learned counsel submitted that though the petitioner submitted her written statements she could not give evidence to prove her natio nality. Besides this, it is submitted by the learned counsel that the impugned J udgment is passed contrary to the averments made in the written statement. In th e written statement, it was stated by the petitioner that her father’s name was enrolled in the Voter-List of 1965 and 1970, whereas the Foreigner’s Tribunal fa iled to consider that her father’s name was enrolled in the Voter List of 1965. 5. Be that as it may, the impugned order is prima facie an exparte one. Hence, for the ends of justice, the petitioner should be given one more ch ance to prove her nationality. The impugned Judgment is hereby set aside. The Tr ibunal is directed to decide the case afresh, within a period of 3 (three) weeks from the date of receipt of a certified copy of this order. 7. With the aforesaid directions, this writ petition stands dispose d of. 8. The Registry is directed to return the LCRs to the Tribunal imme diately, along with a copy of this order.