JUDGMENT & ORDER : UJJAL BHUYAN, J. 1. Heard Mr. JI Borbhuiya, learned counsel for the petitioner and Mr. HK Hazarika, learned Government Advocate, Assam. 2. Sri Surendra Devnath was declared to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.3.1971 vide order dated 29.11.2017 passed by the Foreigners Tribunal-1, Nalbari in FT (Nal) Case No. (B) 3572 of 2007 (State of Assam vs. Surendra Devnath). 3. We notice that in the cause title, Sri Surendra Devnath though shown as petitioner is found to be represented by his son Krishna Devnath. 4. When we queried Mr. Borbhuiya as to the reason for this since Surendra Devnath is not a juristic person requiring legal representation, he submits that Surendra Devnath has already been deported to Bangladesh on 10.8.2011 following passing of earlier ex-parte order. He however submits that ex-parte order was subsequently set aside by this Court where after case was remanded back to the Tribunal for hearing on merit. 5. On careful examination of the matter, we are of the view that Krishna Devnath is not the aggrieved person as is understood in law. Moreover, since Sri Surendra Devnath has already been deported from India, question of examining the legality of the order dated 29.11.2017 may be difficult. 6. At this stage, Mr. Borbhuiya submits that he may be permitted to withdraw the writ petition with liberty to file afresh through wife of Surendra Devnath. 7. We express no opinion in this regard. However, liberty as sought for is granted. 8. Writ petition is dismissed on withdrawal with liberty as prayed for. 9. Registry to inform the concerned Foreigners Tribunal, Deputy Commissioner and the Superintendent of Police (Border) for doing the needful. 10. A copy of this order may be furnished to learned Standing Counsel, Election Commission of India and the State Coordinator, NRC.