JUDGMENT : A.M. BUJOR BARUA, J. 1. Heard Mr. I Ahmed, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. A Kalita, learned counsel for the State of Assam appearing for the Foreigners Tribunal and Border Areas, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India. 2. The petitioner was referred by the Superintendent of Police (Border) of Jorhat resulting in the registration of case JFT Case No. 1257 of 2006 in the Foreigners Tribunal, Jorhat. 3. By the order of 05.03.2009, the petitioner was declared to be a foreigner who entered the territory of India without valid documents after 25.03.1971. The said order is assailed in the writ petition on the ground that notice was not served by the authorities on the petitioner in the reference case. 4. We have perused the report of the process server which is annexed as Annexure-13, page-31 of the writ petition. The report provides that the process server could not locate the petitioner for service of notice meaning thereby that the notice remained unserved. 5. In this regard, we have taken note of the provisions of Rule 3(5)(f) of the Foreigners (Tribunals) Order, 1964 which, interalia, provides the procedure as to how the notice has to be served on the proceedee. The provisions of Rule 3(5)(f) specifically provides that if the proceedee has changed the place of residence or place of work, without intimation to the investigating agency, the process server shall affix a copy of the notice on the outer door or some other conspicuous part of the house in which the proceedee ordinarily resides or last resided or reportedly resided or personally worked for gain or carries on business, and, shall return the original to the Foreigners Tribunal from which it was issued. As already indicated, the report of the process server does not indicate that upon the petitioners not being found at the required address, the notice thereof had been affixed on the outer door or some conspicuous place of the house where the proceedee resides or last resided. As already indicated, the report of the process server does not indicate that upon the petitioners not being found at the required address, the notice thereof had been affixed on the outer door or some conspicuous place of the house where the proceedee resides or last resided. In view of the procedural aberration of Rule 3(5)(f) of the Foreigners (Tribunals) Order, 1964, we are of the view that the manner in which the notice was deemed to be served was in violation of the provision of Rule 3(5)(f) of the Foreigners (Tribunals) Order, 1964. 6. Considering the above, we are of the view that the order dated 05.03.2009 of the learned Foreigners Tribunal, Jorhat in JFT Case No. 1257 of 2006 is not sustainable and the same is accordingly set aside. Upon the order of the Tribunal being set aside, the matter now stands remanded to the Foreigners Tribunal, Jorhat for an appropriate adjudication of the claim of the petitioner. For the purpose, the petitioner shall appear before the Foreigners Tribunal, Jorhat on 21.02.2019 along with the copy of the written statement. It is also provided that in the event if the petitioner does not appear or does not co-operate with the Tribunal in arriving at its adjudication, the Tribunal would be at liberty to pass any appropriate order (s) as may be permissible under the law. 7. It is also provided that the Tribunal shall give its opinion on the claim of the petitioner within a period of 60(sixty) days thereafter. 8. Writ petition stands disposed of to the extent indicated here in above.