Page No.# 1/4 GAHC010255212025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6534/2025 SHAHERA KHATUN W/O- LT. OSMAN GANI AKAND, R/O- VILL- SUKHOWARJHAR, P.O- DHARMAPUR, DIST.- BARPETA, ASSAM, PIN-781308 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT (L.R.) DEPARTMENT, DISPUR, GUWAHATI- 6 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT (L.R.) DEPTT. DISPUR GUWAHATI- 6 3:THE DIRECTOR OF LAND RECORDS AND SURVEYS ASSAM RUPNAGAR GUWAHATI-32 4:THE DISTRICT COMMISSIONER BARPETA P.O- AND DIST- BARPETA ASSAM PIN-781301 5:THE CIRCLE OFFICER BAGHBOR REVENUE CIRCLE MANDIA DIST- BARPETA ASSAM Page No.# 2/4 PIN-781308 6:JIL HOQUE S/O- MANJIL BEPARI R/O VILL- SUKHOWARJHAR P.O- DHARMAPUR DIST- BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR. I H SAIKIA, A. ADO,MR K KASHYAB,MR. K KALITA Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.11.2025 Heard Mr. IH Saikia, learned Senior Counsel for the petitioner. Also heard Mr. TC Chutia, learned Additional Senior Government Advocate, Assam and Mr. S. Dutta, learned Standing Counsel, Revenue and Disaster Management Department. 2. The petitioner before this Court is challenging the order passed in appeal dated 11-11-2025. According to the writ petitioner, the private respondent no.6, who was the selected candidate for the Charge No. 12 under Baghbor Mouza, under Baghbor Review Circle, did not have the required eligibility as per the advertisement dated 03-09-2022. Learned Senior Counsel for the petitioner, therefore, submits that he had earlier approached this Court Page No.# 3/4 by filing WP(C) No.1008/2023 when he was relegating to file the statutory appeal which he had filed subsequently and the Appellate Authority, without taking into consideration the relevant issues, rejected the appeal filed by the writ petitioner by impugned speaking order dated 11.11.2025. The earlier writ petition being WP(C) No.1008/2023 was disposed of by the Court by order dated 22.05.2023, directing the Appellate Authority to decide the appeal. However, the Appellate Authority did not consider the issue raised and rejected the appeal filed by the petitioner. Being aggrieved, the present writ petition has been filed. 3. Mr. TC Chutia, learned Additional Senior Government Advocate, Assam and Mr. S Dutta, learned Standing Counsel, Revenue and Disaster Management Department have pointed out that under Executive Instructions 162-D of the Assam Land and Revenue Regulation, 1886, there is a provision for review which can be preferred against any order passed by the Appellate Authority. 4. The petitioner has not availed of that statutory remedy and has not explained as to why the remedy could not be availed of. 5. Considering the submissions made before this Court by the learned counsel for the parties and also taking into consideration the provisions available in the Executive Instructions 162-D of the Assam Land and Revenue Regulation, 1886, this Court is of the view that ends of justice will be met if the petitioner is Page No.# 4/4 relegated to the Statutory Authority for filing a review under Executive Instructions 162-D of the Assam Land and Revenue Regulation, 1886. 6. Accordingly, the written petitioner will now approach the authorities prescribed under Executive Instructions 162-D and file a review petition within 1 (one) week from today. If the appeal is filed within 1 (one) week from today as directed, then the petitioner who claims that he is still holding charge as the In- charge Gaon Pradhan and has not handed over charge till date, and if this position is found to be correct by the authorities, then the petitioner shall not be relieved of from his post of In-charge Gaon Pradhan for a period of 1 (one) week from today i.e. 26-11-2025, enabling the petitioner to file the review under Executive Instructions 162-D of the Assam Land and Revenue Regulation, 1886 before the authorities as directed. 7. Any interim orders found necessary can also be issued by the Review Authority hearing the review petition. 8. In terms of the above, the writ petition stands disposed of. JUDGE Comparing Assistant