NANI TAGIA, J.

1. Heard Mr. AM Khan, learned counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for respondent No.1; Mr. J. Payeng, learned counsel for respondent Nos. 3, 5 & 6; Ms. N. Upadhyay, learned counsel for respondent No.2 and Ms. A Verma, learned counsel for respondent No.4.

2. By this petition, under Article 226 of Constitution of India, the petitioner has challenged the legality and validity of the order dated 27.08.2018 passed by the learned Member, Foreigners’ Tribunal No. 1st, Barpeta, in F.T. Case No. 320/2016 whereby the petitioner/opposite party has been opined to be a foreigner of Post 1971 stream.

3. A reference case under the IM (D)T Act against the writ petitioner/opposite party was initiated by the Supdt. of Police (B), Barpeta under Reference Case No. 6601(A) /1998 alleging that the writ petitioner/opposite party, namely, Diluwara Khatun, W/o Saber of village- Rangapani, PS- Barpeta in the district of Barpeta to be a foreigner. As per the direction of the Hon’ble Supreme Court dated 12.07.2005 in WP(C) No.131/2000, the case stood transferred to Foreigners’ Tribunal No.1st, Barpeta.

4. Upon receipt of Notice, the opposite party filed her w