ORDER :

NANI TAGIA, J.

1. Heard Mr. MJ Quadir, 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. 2, 3, 5 & 7; Ms. N. Upadhyay, learned counsel for respondent No. 4 and Ms. U. Das, learned counsel for respondent No. 6.

2. By this petition, under Article 226 of Constitution of India, the petitioner has challenged the legality and validity of the order dated 29.06.2018 passed by the learned Member, Foreigners' Tribunal No. 3rd, Morigaon, in F.T. Case No. 27/2015 whereby the petitioner/opposite party has been held to be a foreigner having entered into India after 25.03.1971.

3. The aforesaid case was registered upon a reference made by the Supdt. of Police (B), Nagaon with the allegation that petitioner was a foreigner who had illegally entered into India (Assam) from the specified territory after 25.03.1971.

4. Notice issued by the Tribunal was served upon the petitioner whereafter he had entered appearance and filed his written statement. In his written statement, it has been averred that the actual name of the writ petitioner/proceedee is Md. Mojafor Ali but his name is wrongly written as