ORDER

Date : 14-03-2018 (Ujjal Bhuyan, J.)

Heard Mr. SB Rahman, learned counsel for the petitioner and Mr. A Kalita, learned Special counsel, FT.

By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 22.9.2017 passed by the Foreigner’s Tribunal 3rd, Nagaon in FT Case No.NFT (No.3) 557/15 (D) (State –vs- Musstt. Sufia Khatoon ) declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh on or after

25.3.1971.

On going through the order dated 22.9.2017, we find that notice issued by the Tribunal was served upon the petitioner whereafter she had entered appearance before Tribunal on 16.11.2015. After taking a couple of adjournments, petitioner filed her written statement. But when the turn for evidence came, petitioner defaulted compelling the Tribunal to proceed exparte whereafter the impugned order dated 22.9.2017 was passed answering the reference in favour of the State in the above manner.

Learned counsel for the petitioner submits that on the date when the Tribunal decided to proceed exparte, petitioner was absent because of her illness. An application was filed in this regard. But th