MAJEDA BEGUM Vs. THE UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. M. Bhagawati, learned CGC and Mrs. H.M. Phukan, learned State Counsel. By means of this writ petition, the petitioner has challenged the Annexure -22 order dated 4.5.2013 passed by the learned Member, Foreigners Tribunal, Goalpara in FT. Case No. 5082/G/2012, Union of India v. Majeda Begum. By the said order, the prayer of the petitioner to set aside the ex -parte order dated 4.3.2013 passed in the said F.T. Case has been rejected.

(2.) IN the order dated 4.3.2013 declaring the petitioner to be a foreigner and answering the reference in favour of the State, it was noticed that the petitioner repeatedly failed to adduce any evidence. After submission of the written statement, the petitioner was given opportunity to prove her case by both primary and secondary evidence. However, on the dates fixed i.e. 24.9.2012, 6.11.2012, 11.12.2012 and 19.2.2013, the petitioner could not adduce any evidence. By order dated 19.2.2013, a last chance was given to the petitioner. Details have been discussed in the impugned order dated 4.3.2013.

(3.) BEING aggrieved, the petitioner had approached this Court by filing a writ petition being W.P. (C) No. 1389/2013. The writ petition was disposed of by order dated 18.3.2013 granting liberty to the petitioner to approach the Tribunal for setting aside the ex -parte order by filing appropriate application. Armed with the said order, the petitioner filed the Annexure -21 application dated 26.6.2013 before the Tribunal praying for setting aside the ex -parte order dated 4.3.2013. In the said application, except for referring to the aforesaid order of this Court, the petitioner did not assign any ground, not to speak of sufficient ground to set aside the ex -parte order. For a ready reference, the application dated 26.3.2013 is reproduced below: