JUDGMENT :

N.Kotiswar Singh, J.

Heard Mr. M.U. Mahmud, learned for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned CGC appearing for respondent No.1; Mr. J. Payeng, learned Special Counsel, F.T. appearing for respondent Nos. 2, 4 to 5; and Ms. U. Das, learned State Counsel, Assam, appearing for the respondent no.3.

2. The present petition has been filed challenging the opinion dated 09.11.2017 passed by the Foreigners Tribunal No.1, Goalpara in F.T. Case No.7390/G/2016 by which the Foreigners Tribunal held that the petitioner had failed to discharge his burden cast under Section 9 of the Foreigners Act, 1946 in proving that he is not an illegal immigrant and accordingly, returned the reference in favour of the State and against the petitioner by holding that the petitioner namely, Md. Hajarat Ali son of late Sagar Ali, Vill-Kalpani Chandamari, P.S. & Dist.-Goalpara is an illegal migrant of post 1971 stream and also cancelled the identity card No.o BYK9136996.

3. Upon an inquiry made, the proceeding was initiated against the petitioner in the above referred F.T. case. The petitioner after being duly served summon appeared be