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 the impugned judgment dated 26.12.2016 passed by the learned Foreigners’ Tribunal (4th ) Goalpara in F.T.88 Case No. 283/2015 (ERO Case No. 656 / ). By the impugned judgment, the 38 petitioner, who was the proceedee before the learned Tribunal, has been declared to be a foreigner post 25.03.1971.

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), Goalpara District against the petitioner giving rise to the aforesaid F.T. Case No.88283/2015 (DRO Case No. 656 / );38

(ii) As per the 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 along with certain documents and had adduced evidence.

(iii) The learned Tribunal, after considering the facts and circumstances and taking into account the provisions of Section 9 of the Foreigners’ Act, 1946 had come to a finding that the petitioner, as opposite party, had