JUDGMENT AND ORDER :

U. Bhuyan, J.

1. Heard Mr. D. Choudhury, learned counsel appearing for the petitioner, Ms. P. Baruah, learned counsel for the Central Government and Mr. H.K. Hazarika, learned Government Advocate, Assam.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 07.10.2016, passed by the Foreigners Tribunal No.5, Kamrup, Rangia in F.T. Case No.1237/2008 declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

3. It appears that a reference was made by the Superintendent of Police (Border), Kamrup under the Foreigners Act, 1946 read with the Foreigners (Tribunals) Order, 1964 with the allegation that the petitioner was a foreigner who had illegally entered into India (Assam) from the specified territory i.e., Bangladesh after 25.03.1971.

4. On receipt of the reference, F.T. Case No. 1237/2008 was registered and after creation of additional Tribunals, was assigned to the Foreigners Tribunal No.5, Kamrup, Rangia (Tribunal) for opinion. Notice issued by the Tribunal was served upon the petitioner whereafter he entered appearance and filed written sta

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