JUDGMENT :

(S.K. Medhi, J.)

The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the opinion rendered vide impugned order dated 23.02.2011 passed by the learned Foreigners Tribunal Nagaon in F.T. Case No. 41/2003. By the impugned judgment, the petitioner who was the proceedee before the learned Tribunal has been declared to be a foreigner post 25.03.1971. As per the projection made in the petition, the aforesaid order is an ex-parte one.

2. The facts of the case may be put in a nutshell as follows:

(i) The reference was made by the Superintendent of Police (B), Nagaon District, against the petitioner giving rise to the aforesaid F.T. Case No. 41/2003.

(ii) As per requirement u/s 9 of the Foreigner’s Act, 1946 to prove that the proceedee is not a foreigner, the petitioner had filed the written statement on 17.04.2009 along with certain documents. Thereafter, though sufficient opportunity has been given to the petitioner till 13.12.2010 for filing of evidence on affidavit, neither the petitioner nor his counsel had appeared and accordingly on 23.02.2011, the impugned