JUDGMENT :

K.R. Surana, J.

Heard Mr. M.K. Hussain, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters; Mr. P. Sarmah, learned Additional Senior Govt. Advocate; and Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for ECI.

2. By filing this writ petition under Article 226 of the Constitution of India , the petitioner has assailed the opinion dated 29.05.2017, passed by the th learned Member, Foreigners Tribunal No.5 , Morigaon in Case No. FT(D) 522/2016 (new) [corresponding to FT(D) 206/2011 (old)], arising out of D/N Case No. 1070/98 dated 18.06.1998. By the impugned opinion, the petitioner was declared to be a foreigner, who has entered into India (Assam) on or after 25.03.1971.

3. In brief, the case of the petitioner is that on receipt of summons from the learned Tribunal, the petitioner had filed his written statement, inter alia, stating that the investigation and enquiry was made on the basis of false information. It was also stated that the petitioner was born and brought up at village- Moirabari in the pre