P.P. Naolekar, J.

1. Heard Mr. S.K. Ghose, learned counsel for the appellant. None appears for the respondent.

2. It is the case of the petitioner-appellant in the writ petition that the proceedings have been taken up on reference made by the Superintendent of Police, Nalbari before the Illegal Migrants (Determination) Tribunal, Nathan against one Sri Sunil Chandra Das, son of Sri Chandra Mohan Das resident of Village Narayan Gaon, PO Ghagrapar, District Nalbari under S. P. Nalbari Ref. No. 769/1987 and the case was registered as Case No. I.M.(D) T(Nal) 12/89. The Tribunal by its order dated 1.8.1989 had held that the said Sri Sunil Chandra Das is an illegal migrant within the meaning of Section 3(1)(c) of the Illegal Migrants (Determination) Tribunal Act, 1983, (hereinafter referred to as 'IMDT Act') and the reference is answered accordingly. It is further alleged by the appellant that in pursuance of the said order passed against Sunil Chandra Das the petitioner is being tried to be deported by the police officials at Nalbari and, therefore, prayed that necessary orders be issued restraining the police to deport the petitioner, whose name is Sunil Chandra Sarker @ Sunil Sar