ORDER

Date : 14-06-2019 (P.K. Deka, J)

Heard Ms. D. Borgohain, learned counsel for the petitioner as well as Mr. J Payeng, learned counsel representing the respondent Nos. 1 and 2.

2. The petitioner as the proceddee in F.T.G. Foreigner (D) 489/2011 pending before the Member of the Foreigners’ Tribunal at Jorhat. Initially the said proceeding was registered in the Foreigners’ Tribunal, Golaghat which was transferred and received by the present Tribunal at Jorhat on 14.7.2017. Notice was issued on 14.7.2017 fixing 29.7.2017 for appearance/ written statement of the petitioner. On 29.7.2017 and 14.8.2017 the petitioner remained absent but with due representation by the Lawyer. On 28.8.2017 the petitioner appeared before the Tribunal at Jorhat and filed a bail application before the Tribunal which was allowed on the terms and conditions reproduced hereinbelow.

“28.8.2017:-Proceedee is present with her Ld. Counsel and prayed to allow her to go on bail. Heard both sides. Bail prayer is allowed against surety of Rs. 20,000/- only with 1 (one) surety of like amount. Fix 14.9.17 for WS of the procedure, last chance.

Later on proceedee furnished bail bond and is accepted fixing as before.”

3. The petitioner thereafter filed the written statement and adduced her evidence along with other witnesses and in her presence vide order dated 16.8.2018 she declined further evidence and case was fixed for argument on 4.9.2018. Thereafter the Tribunal passed the following orders reproduced hereinbelow:-

“16.8.2018:-The O.P. of the case is present today with her Ld. Counsel. The H/M appeared whose statement is recorded as DW 4 but the status of his school is venture.

Further evidence declined. Fixed on 04.09.2018 for the argument.

04.09.2018:- The OP of the case is absent today vide petition No. 2336/2018.

Fixed again on 24.09.2018 for the argument.

24.09.2018:- The O.P. of the case is present with her ld. Counsel. Seen the petn No. 2524/2018, seeking adjournment. Prayer is allowed. Fixed again on

22.10.2018 for the argument.

22.10.2018:- The OP is absent with step vide petition No. 2929/2018 seeking an adjournment on the ground of sickness of the said O.P. and to fix another date for the agreement.

For the ends of justice prayer is allowed. Fixing on 01.12.2018 for the same.

01.12.2018:- The OP of the case is absent today. Seen the petn. No.

3570/2018.

Issue NBWA to the OP and notice to the surety.

Fixed on 14.12.2018 for S/ report, app., argument, etc.

14.12.2018:-The OP of the case is absent today. NBWA issued returned un- served. Md.Rajib Ali, surety for the OP is present today. Fixed on 27.12.2018 for app. of OP.

27.12.2018:-The OP of the case is absent today without any step. Rajib Ali, surety of the OP is present and prays for time. Fixed again on 11.01.2019 for the app. Of OP, Argument, etc.

11.01.2019:-The OP of the case is absent today without any step. Fixed again on 24.01.2019 for the app. of the OP, argument, etc.

24.01.2019:- The OP of the case is absent today without any step. Issue bailable W/A to the surety Rajib Ali and Re-issue the W/A to the OP. Fixed on

15.02.2019 for S/R, app. of the OP, argument etc.

15.02.2019:- The OP of the case is absent today without any step. Bailable W/A to the surety and W/A to the OP not yet sent. Issue the same. Fixed again on

15.05.2019 for S/R, app. Of the OP, argument, etc.”

4. Being aggrieved by the said orders more specifically the orders dated 1.12.2018, 15.2.2019 the petitioner filed this writ petition with the following prayer.

“In the premises aforesaid it is, therefore, prayed that Your Lordships would be pleased to admit this petition, call for the records of the case and issue rule calling upon the respondents to show cause as to why a writ in the nature of Certiorari and / or any other appropriate writ, order or direction should not be passed setting aside the orders dated 01.12.2018 and 15.02.2019 by which NBWA was issued against the petitioner and hear the arguments on behalf of the petitioner/ proceedee and/ or