Ujjal Bhuyan, J.

1. Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. BU Laskar, learned counsel for the petitioners and Mr. J Payeng, learned Special Counsel, Foreigners' Tribunal (FT). Initially WP (C) No. 6280 of 2016 was filed by two petitioners, namely, Tuta Mia @ Md. Tota Mia and Abdul Samad @ Abdus Samad @ Md. Samad Uddin assailing the legality and correctness of the common order dated 05.08.2016 passed by the Foreigners' Tribunal, Dima Hasao at Haflong in FT Case Nos. 10 and 23 of 2015. Md. Tota Mia was the procedee in FT Case No. 10/2015 whereas Md. Samad Uddin was the procedee in FT Case No. 23/2015. Md. Samad Uddin is the son of Md. Tota Mia. Both the references were heard together and were disposed of vide the common order dated 05.08.2016 answering the reference in favour of the State by declaring the two procedees to be foreigners who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

2. When WP (C) No. 6280 of 2016 was moved on 06.10.2016, this Court ordered that the said writ petition would be confined to petitioner No. 1 i.e. Tuta Mia @ Md. Tota Mia giving liberty to petitioner No. 2, i.e. Md. Samad Uddin to file a sepa