P.K. Saikia, J.

This appeal is directed against the judgment and order dated 26.02.2015, rendered by the learned Single Judge in WP(C) No. 2960/2012 dismissing the writ petition refusing to interfere with the judgment dated 23.02.2012, rendered by the Foreigners Tribunal (1st), Morigaon (in short, "the Tribunal") in FT Case No. 49/2007.

2. We have heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. F. U. Borbhuiya, learned counsel appearing for the appellants and also heard Mr. S.C. Keyal, learned Asstt. S.G.I. appearing for the Union of India as well as Mr. P.S. Deka, learned GA, appearing for the State respondents.

3. The brief facts necessary for disposal of the present appeal are that in 1997 the SP(B) made a reference to the IMDT, Morigaon requesting it to ascertain the citizenship status of the appellant No. 1 and 2 herein who are father and mother respectively of appellant No. 3 and 4. During pendency of the aforesaid case the decision in Sarbananda Sonowla v. Union of India and Ors., reported in (2005) 5 SCC 665 was rendered under which the IMDT Act stood null and void and all the cases pending before the IMDT stood transferred to the respective Foreigners Tribunals constituted under the Foreigners Act, 1964.

4. Accordingly, notice was served by the Tribunal on the appellants herein. Appellants entered appearance on 20.04.2007 and filed W.S. as well. In the meantime, 2 witnesses were examined from the side of State and case was posted for evidence on 14.06.2011. On 14.06.2011, a petition was filed on the ground that appellants could not collect the necessary documents.

5. Such prayer was accepted and proceeding was posted for evidence of the appellants on 16.08.2011. On that day, the appellants again prayed for adjournment on the ground of illness. Accordingly, prayer was accepted and case was posted for evidence on 14.11.2011. However, no certificates showing the illness of witnesses were produced before the Tribunal.

6. On 14.11.2011, the appellants filed another application praying for adjournment on the ground that they could not collect necessary documents to establish their citizenship status. Such adjournment was also sought for on the ground of illness of the witnesses. Said prayer too was accepted although the adjournment sought on the ground of illness of witnesses was not supported by medical documents and next date was fixed on 23.02.2012.

7. Vide order dated 14.11.2011, it was also stated that if the appellants failed to produce his witness on the next date, then the case would be disposed of in accordance with law. On 23.02.2012, the appellants again prayed for time on the ground that they could not collect the necessary document to establish their case that they are Indian Citizen.

8. However, the Tribunal rejected such prayer holding that such prayer lacks merit and accordingly the Tribunal disposed of the case ex-parte holding that the appellants entered India after 25.03.1971 and accordingly, ordered their deportation to the country of their origin vide order dated 23.02.2012.

9. Being aggrieved, the appellants approached this court by the way of WP(C) No. 2960/2012 seeking quashment of the order dated 23.02.2012. Notice of such proceeding was served on the State respondents. State respondents entered appearance and contested the proceeding stating that the writ proceeding needs to be dismissed since it lacks merit. On hearing both the sides, learned Single Judge was pleased to dismiss the same which is now, questioned in the present appeal.

10. Mr. Choudhury, learned senior counsel appearing for the appellants submits that the order aforesaid needs to be quashed and set aside since the appellants were not granted enough time by the Tribunal to establish their case that they are Indian citizens. It was contended that since the order rendered by the Tribunal is unsustainable in law and same could not have been affirmed by the learned Single Judge under the order dated 26.02.2015 rendered in