We hold that the Tribunal to which the reference case had been transferred, fresh notice upon the petitioner should have been issued and effected. The same not having been done, we are of the view that the petitioner is entitled to an opportunity to contest the reference case on merits. We, therefore, set aside the impugned opinion dated 19.04.2016, with direction to the petitioner to appear before the Foreigners’ Tribunal, Bongaigaon No.2, Abhayapuri on 03.12.2019, at 10.30 AM, on which date she shall file her written statement without fail. In this regard no fresh Notice is required to be issued by the Tribunal, either for her appearance or for filing written statement. The Tribunal shall proceed accordingly and conclude the proceeding within 60 (sixty) days from 03.12.2019. We make it clear that if the petitioner defaults in appearing before the Tribunal and to file written statement on 03.12.2019 and/or defaults in participating in the proceeding on the dates to be fixed in the case, it shall be open to the Tribunal to pass such order or order(s) as may be deemed fit and proper and in accordance with law.
