JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. 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 05.11.2019 passed by the learned Foreigners’ Tribunal No. 2, Dhubri in F.T. Case No. 733/F/2015 (Police Ref. Case No. 709/1998). 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.

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

(i) A reference was made by the Superintendent of Police (B), Dhubri, against the petitioner giving rise to the aforesaid F.T. Case No. 733/F/2015 (Police ref. Case No. 709/1998).

(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 along with certain documents and had adduced evidence through himself, a cousin and an Office Assistant of Settlement Office as DWs 1, 2 and 3 respectively.

(iii) The learned Tribunal, after considering the facts and circumstances and taking into account of the provisions of