SANDHYA DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. J.C. Gogoi, learned counsel for the petitioner as well as Ms. G. Hazarika, learned counsel representing respondent nos.1 and 4. Ms. B. Das, learned counsel appears on behalf of respondent no.2, whereas Mr. A. Kalita, learned counsel appears on behalf of respondent nos.2, 5 and 6.

(2.) Petitioner assails ex-parte order dated 08.08.2018 passed by the Foreigners' Tribunal, Diphu, Karbi Anglong, Assam in F.T. Case No.26/2017, declaring her to be a foreigner of post 1971 stream.

(3.) As it transpires from the materials available on record, the petitioner had responded to the notice issued by the Foreigners' Tribunal, Diphu, Karbi Anglong through the engaged counsel and prayed for time to file written statement on 18.09.2017. Thereafter, the matter was listed on 15 (fifteen) consecutive dates i.e. 03.10.2017, 24.10.2017 15.11.2017, 29.11.2017, 11.12.2017, 30.01.2018, 20.02.2018, 07.03.2018, 28.03.2018, 18.04.2018, 10.05.2018, 29.05.2018, 18.06.2018, 12.07.2018 and 26.07.2018. The counsel for the petitioner filed petition only on 7 (seven) dates seeking time to file written statement. Rest of the dates the petitioner remained absent without steps. Even after the 14th date, no written statement came to be filed. In such a situation an adverse view was taken and the Tribunal rendered the impugned opinion on 08.08.2018.