SANDHYA RAJBANGSHI vs THE UNION OF INDIA AND 6 ORS

Heard Mr. K.R. Patgiri, learned counsel for the petitioner and Mr. A. Kalita, learned Special Counsel, F.T.By filing this petition under Article 226

of the Constitution of India, petitioner seeks quashing of order dated 01.11.2010 passed by the Foreigner’s Tribunal -2nd Tribunal, Lakhimpur at

North Lakhimpur in LFT-II(D) Case No. 347/08 (State â€"Vs- Smt. Sandhya Rajbangshi) declaring the petitioner to be a foreigner. On going through

the order dated 01.11.2010, it is seen that notice was served upon the petitioner on 24.09.2010 but the petitioner failed to appear. Therefore, the

reference was proceeded ex-parte against the petitioner. Learned counsel for the petitioner submits that petitioner did not receive any notice issued by

the Tribunal which is however contested by the learned Special Counsel. Be that as it may, taking an over-all view of the matter we feel that

notwithstanding the default of the petitioner, it would be in the interest of justice, if one more opportunity is granted to the petitioner to file her written

statement and to contest the reference on merit. Consequently, we set aside the order dated 01.11.2010 and direct the petitioner to appear before the

Foreigner’s Tribunal -2nd Tribunal, Lakhimpur at North Lakhimpur in LFT-II (D) Case No. 347/08 along with her written statement on 11.4.2018

at 10.30 am whereafter Tribunal shall proceed with the reference in accordance with law and conclude the same within a period of 60 days from the

date of appearance.Needless to say, if there is any default on the part of the petitioner henceforth, Tribunal would be at liberty to pass such order as

may be deemed fit and proper. Before parting with the record, we make it clear that we have not expressed any opinion on the merit of the case. Writ

petition stands disposed of. Registry to inform the concerned Foreigners Tribunal, Deputy Commissioner and Superintendent of Police (Border) for

doing the needful. A copy of this order may be furnished to learned Standing Counsel, Election Commission of India and State Coordinator, NRC.