Anima Hazarika, J.

1. This appeal by the proceedee under the provisions of Foreigners Act, 1946 is directed against the judgment and order dated 6.5.2013 passed by the learned Single Judge in WP(C) No. 1291/2013 dismissing the writ petition filed by the present appellant challenging the order dated 29.1.2013 passed by the learned Member, Foreigners Tribunal-III, Barpeta (Assam) in FT Case No. 232 (III)/2011 on the basis of the reference made by the Superintendent of Police ('SP' for short), Barpeta. The aforesaid FT case had been registered against the appellant. The appellant's case in brief is that a proceeding was initiated against the appellant under the provisions of the Illegal Migrants (Determination by Tribunals) Act, 1983 ('IMDT Act, 1983' for short), which was registered and numbered as IMDT Reference Case No. 2252/2001 before the Tribunal, alleging that the appellant is an illegal migrant. The said proceeding, however, had been transferred to the Foreigners' Tribunal, in view of the declaration made by the Apex Court in Sarbananda Sonowal (1) v. Union of India & Anr., reported in (2005) 5 SCC 665 that IMDT Act is ultra vires the Constitution and directing transfer