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2018 DIGILAW 1597 (GAU)

Krishna Bala Roy v. Union of India

2018-11-09

MANOJIT BHUYAN, PRASANTA KUMAR DEKA

body2018
ORDER : MANOJIT BHUYAN, J. Heard Mr. A. Das, learned counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for respondent No. 1; Mr. J. Payeng, learned counsel for respondent Nos. 2, 5 and 6; Mr. N.B.P. Singha, learned counsel for respondent No. 3 and Ms. A. Verma, learned counsel for respondent No. 4. 2. Petitioner assails ex parte order dated 8.3.2017 passed by the Foreigners' Tribunal No. 9th, Dhubri in F.T. Case No. FT-9/112/GKJ/2016, declaring the petitioner as foreigner who entered into Assam illegally after 25.3.1971. 3. Mr. Das submits that the order of the Tribunal was passed without granting opportunity to the petitioner to contest the case and/or opportunity to discharge the burden as required of him under section 9 of the Foreigners' Act, 1946. It is stated that no notice, whatsoever, was served upon the petitioner. 4. To test the argument so advanced, we have perused the materials available on record. From the Service Report dated 29.11.2016, it is seen that steps on the petitioner was taken in the substituted manner. However, the Report discloses that as the petitioner was not to be found in the address mentioned, therefore, copy of the notice was affixed at the Gaon Panchayat Office. This is also recorded in the impugned order/opinion dated 8.3.2017. 5. Having regard to the manner of service as recorded in the Report dated 29.11.2016, we are of the considered view that notice, as required to be served under order 3(5)(f) of the Foreigners’(Tribunals) Order, 1964, was not complied with. We are also of the view that the petitioner was denied opportunity of hearing to contest the case. It clearly appears that no notice was served on the petitioner by affixing a copy of the notice on the outer door or some other conspicuous part of the house in which the petitioner ordinarily resides or last resided or reportedly resided or personally worked for gain or carries on business. 6. In view of the above, we set aside the impugned order dated 8.3.2017, with direction to the petitioner to appear before the Foreigners' Tribunal No. 9, Dhubri on 20.11.2018, at 10.30 a.m., on which date she shall file her written statement without fail. No fresh notice is required to be issued by the Tribunal, either for her appearance or for filing written statement. No fresh notice is required to be issued by the Tribunal, either for her appearance or for filing written statement. Tribunal shall proceed accordingly and conclude the proceeding within 60 days from 20.11.2018. We make it clear that if the petitioner defaults in appearing before the Tribunal and to file written statement on 20.11.2018 and/or defaults in participating in the proceeding on the 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. To the extent above, the writ petition stands allowed.