BILATUN NESSA Vs. UNION OF INDIA

JUDGEMENT

(1.) The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the judgment and order dtd. 10/11/2017 passed by the learned Foreigners' Tribunal, Nagaon Court No. 10th at Sankardev Nagar, Hojai in F.T. (D) Case No. 1585/2016 corresponding to S.P.'s FT Case 74/2015. By the impugned judgment, the petitioner, who was the proceedee before the learned Tribunal, has been declared to be a foreigner post 25/3/1971. Factual Matrix :

(2.) The petitioner in this case is Musstt. Bilatun Nessa. On the basis of an enquiry, a reference was issued by the Superintendent of Police (Border), Hojai (respondent No. 4) against the petitioner and the Foreigners Tribunal registered the aforementioned FT(D) Case No.1585/2016 corresponding to S.P.'s FT Case 74/2015.

(3.) Notice was issued to the petitioner and it was held that notice was duly served as per Sec. 3(5) of the Foreigners (Tribunals) Order, 1964 (Order of 1964 for short) on the petitioner, who appeared before the Tribunal on 27/4/2016 but failed to appear thereafter and this case proceeded ex-parte against the petitioner vide order dtd. 24/5/2016.