B.K. Sharma, J.

Heard Mr. M.U. Mahmud, learned counsel appearing for the petitioner. We have also heard Mr. M. Bhagabati, learned State counsel and so also Mr. S.C. Keyal, learned Assistant S.G.I. We have considered the submissions advanced by the learned counsel appearing for the parties and have also perused the materials available on record including the LCR received from the Tribunal.

2. This writ petition is directed against the judgment and order dated 23.05.2012 of the learned Foreigners Tribunal, Nalbari passed in F.T. (Nal) Case No. (N) 14/2007 (Police Reference No. 22/2006) (Jamir Ali @ Abdul Jamir v. the State of Assam).

3. By the said order, passed ex-parte, the petitioner has been declared to be a foreigner of post 25.03.1971. The order, so passed, is upon failure of the petitioner to discharge his burden of proof as envisaged under Section 9 of the Foreigners Act, 1946.

4. On perusal of the materials on record including the records received from the Tribunal, it is found that the petitioner upon service of notice, appeared before the tribunal on 13.06.2008 and prayed for time to file written statement. Prayer was allowed, fixing the matter on 27.06.2008, on whic