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2018 DIGILAW 1566 (GAU)

BIR KASEM @ MD BIR KASEM ALI v. UNION OF INDIA

2018-10-31

MANOJIT BHUYAN, PRASANTA KUMAR DEKA

body2018
JUDGMENT : MANOJIT BHUYAN, J. 1. Heard Mr. M.A. Mondal, learned counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for the respondent no.1; Mr. A. Kalita, learned counsel for respondent nos.2, 3, 4, 5, 6 & 7; Mr. A. I. Ali, learned counsel for respondent no.8 and Ms. U. Das, learned counsel for respondent no.9. 2. The challenge in this writ petition is to an ex parte order dated 15.03.2010, passed by the Foreigners' Tribunal, Jorhat, in Case No. JFT 1748/06, whereby the petitioner was held to be a foreigner who entered into the territory of India without any valid documents after 25.03.1971. 3. Mr. Mondal submits that the petitioner hails from the district of Dhubri, Assam. The petitioner had gone to Jorhat in search of livelihood and for a short period of time had resided at Jorhat working as a daily wage labourer in a brick kiln and was residing in the address given in the notice. However, much before the notice was issued, the petitioner had left Jorhat for his permanent home at Village-337 Bhaluk Mari, P.S.- Sapatgram, Sub-Division-Bilasipara, District- Dhubri, Assam. Drawing attention of the court to the impugned order, Mr. Mondal submits that the order itself reflects that the proceedee had left his place of residence at Jorhat for unknown destination and that the notice was served in a substituted manner. He further submits that unless the petitioner is granted an opportunity to contest the proceeding, he will suffer irreparable loss and injury. 4. Mr. Kalita submits that in the facts and circumstances of the case, the impugned order may be set aside giving an opportunity to the petitioner to contest the proceeding. 5. Learned counsels appearing for the other respondents have endorsed the submission of Mr. Kalita. 6. Having regard to the above submissions of the learned counsel for the parties and having perused the materials on record, we set aside the impugned judgment and order. The petitioner is directed to appear before the Foreigners' Tribunal, Jorhat, on 19.11.2018 at 10:30 A.M. and, on that day, the petitioner shall file his written statement without fail. It is made clear that no further notice will be issued by the Tribunal for appearance of the petitioner and for filing of written statement and that no further time shall be granted to the petitioner to file written statement. It is made clear that no further notice will be issued by the Tribunal for appearance of the petitioner and for filing of written statement and that no further time shall be granted to the petitioner to file written statement. The Tribunal is directed to conclude the proceedings in accordance with law and as expeditiously as possible, but within 60 (sixty) days from 19.11.2018. 7. It is made clear that if the petitioner defaults in making appearance and fails to file written statement on 19.11.2018 and/or defaults in making appearance on the subsequent dates to be fixed in the case, it shall be open to the Tribunal to pass such order or orders as may be deemed fit and proper and in accordance with law. 8. Writ petition stands disposed of in terms of the above.