1. Heard Mr. I. Alam, learned counsel for the petitioner. Also heard Ms. V.L. Singha, learned State Counsel and so also Ms. G. Sarma, learned counsel holding for Mr. S.C. Keyal, learned ASGI. I have also perused the entire materials on record along with the records received from the learned Tribunal.

2. This writ petition is directed against the order dated 29/06/2012 passed by the learned Member, Foreigners Tribunal No.1 in FT Case No. 1237/G/2010 (Ref. cas No. R/IMDT/1908/98) (State of Assam Vs. Musstt. Sarifan Bewa). Byu the said order, the petitioner has been declared to be a foreigner of post 25/03/1971 stream. Learned counsel for the petitioner submits that minor variations here and there in the name of the person concerned cannot lead to the inference that the petitioner failed to discharge her burden of proof as envisaged under Section 9 of the Foreigners Act, 1946. On the other hand, the learned counsel representing the respondents submit that the learned Tribunal having arrived at a particular finding based on the evidence on record, the said finding cannot be set aside like an appellate authority while exercising writ jurisdiction.

3. The entire find of the l