JUDGMENT :

N.Kotiswar Singh, J.

Heard Mr. Z Hussain, learned counsel for the petitioner. Also heard Mr. H. Gupta, learned Central Government Counsel appearing for respondent No.1; Mr. J. Payeng, learned Special Counsel, F.T. appearing for respondent Nos. 2 & 5; Mr. A.I. Ali, learned Standing Counsel, ECI appearing for respondent No.3 and Ms. U. Das, learned Additional Senior Government Advocate, Assam for respondent No.4.

2. In this petition the petitioner has challenged the order dated 22.09.2017 passed by the Foreigners Tribunal No.5th, Morigaon, Assam, in Case No. F.T. (C) 179/2016 (New Number) F.T.(C) 2051/2012 (Old Number), IM(D)T Case No.441/2000 dt.29.12.2000] by which the petitioner was declared a foreigner who had illegally entered into Assam from the specified territory on or after 25.03.1971.

3. On receipt of a reference of the Superintendent of Police (Border), Morigaon against the petitioner (O.P. No.1), his wife (O.P. No.2) and their three children, notice was issued to the petitioner and his family. After receiving notice, the petitioner along with his wife duly appeared before the learned Tribunal and filed their written statements.

4. On the basis of the exhibited docum