JUDGMENT :

N. KOTISWAR SINGH, J.

1. Heard Mr. B.J. Mukherjee, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Assistant Solicitor General of India for the respondent No. 1; Ms. A. Verma, learned special counsel, FT, appearing for respondent Nos. 2-4 and Ms. U. Das, learned Additional Senior Government Advocate, Assam, appearing for respondent No. 5.

2. The present petition has been filed challenging the impugned order dated 28.11.2017 passed by the learned Member, Foreigners Tribunal No. 1, Bongaigaon, Assam, in BNGN/FT/Case No. 2655/2007 by which the petitioner was declared as a foreign national of post 25.03.1971 stream.

3. We have also perused the original records requisitioned. The aforesaid impugned order dated 28.11.2017 reads as follows:

“FINDINGS & OPINION

As per S.(15) and (16) of S.3(1)F(T) O.1964”

(1) The issue brought in the instant reference case whether the opposite is a foreigner? (The opposite is herein after referred to as opposite).

(2) The opposite contested the case through a written-representation and claimed that the opposite is an Indian national. She examined in an affidavit and pr