B.P. Katakey, J.

1. This appeal by the proceedee under the provisions of the Foreigners' Act, 1946, is directed against the judgment and order dated 8/1/2010 passed by the learned Single Judge in W.P. (C) No. 4611/2007, dismissing the writ petition filed by the present appellant challenging the order dated 9/4/2007 passed by the learned Member, Foreigners' Tribunal, No. 2, Nagaon in F.T. Case No. 292/06. On the basis of the reference made by the S.P. the aforesaid F.T. case has been registered against the appellant The Tribunal, after registration, issued notice on receipt of which the appellant entered appearance and filed a written statement contending inter alia, that he is an Indian national by birth as he was born in Paghali village under Samaguri P.S. It is also been pleaded that his grand father's name is Abdul Wahab appeared in the voter's list pertaining to the year 1965 in respect of Samaguri Legislative Assembly Constituency against House No. 30 SL No. 80 part 154 of village Paghali.

2. The appellant in support of his contention has examined witness including himself as witness 1, the Gaon Bura of village Paghali as witness No. 2 and the villagers of Dijubasti vill