B.K. SHARMA, J.

1. The petitioner, who has been declared to be a foreigner (illegal Bangladeshi migrant) by the Foreigners Tribunal –III, Barpeta, Assam, vide order dated 22/01/2013 in FT Case No. 69 (III)/2012 (Ref. IMDT Case No. 724(A)/98 (State of Assam Vs. Rahim Ali), has filed the instant writ petition challenging the said order.

2. As has been claimed in the writ petition, the petitioner, son of Husen Ali @ Husen Nessa @ Husen @ Hussain Ali, is a citizen of India, by birth. Referring to the voter list of 1965, 1970, 1985 and 1997, it is the case of the petitioner that his father’s name along with his mother appeared in the voter lists of 1965, 1970, 1985 and 1997. The petitioner has also referred to the Special Family Identify Card stated to be in the name of his father. He has also referred to the copy of the Jamabandi in respect of the particular land purportedly recording the name of his father vide order dated 22/01/1991.

3. According to the petitioner, he is the grandson of Tamuj Ali @ Tamuj Uddin @ Tamuj and Rangbahar Nessa, whose name appeared in the voter list of 1965 and 1970. He has also referred to the Kutcha Patta dated 22/03/1952 and 12/11/1954 purportedly