Page No.# 1/5 GAHC010262542025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6756/2025 MD BAHARUL ISLAM MIRDHA S/O- SAMSUL HOQUE MIRDHA, R/O- VILLAGE- DONGPARA, P.O- JANGALPARA, P.S- DALGAON, MOUZA-PASCHIM DALGAON, DIST- DARRANG, PIN-784116, ASSAM VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, JANATA BHAWAN, DISPUR, GUWAHATI- 781006 2:THE DIRECTOR OF LAND RECORDS AND SURVEYS ASSAM RUPNAGAR GUWAHATI- 32 3:THE DISTRICT COMMISSIONER CUM CHAIRMAN DISTRICT SELECTION BOARD DARRANG MANGALDAI ASSAM 4:THE CIRCLE OFFICER DALGAON REVENUE CIRCLE DALGAON Page No.# 2/5 DIST-DARRANG ASSAM 5:AKRAM ALI S/O- TALEB ALI R/O- VILLAGE- DONGPARA P.O- JANGALPARA P.S- DALGAON MOUZA-PASCHIM DALGAON DIST- DARRANG PIN-784116 ASSA Advocate for the Petitioner : MR M H AHMED, I AMIN Advocate for the Respondent : SC, REVENUE, MR Y. BARBHUIYA,MR. A R TAHBILDAR,MRS. R DEVI,FOR CAVEATOR,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 28.11.2025 Heard Mr. MH Ahmed, learned counsel for the petitioner. Also heard Mr. J Handique, learned Standing Counsel, Revenue Department, Mr. TC Chutia, learned Additional Senior Government Advocate, Assam, for the respondent no.3 & 4 and Ms. R Devi, learned counsel for the respondent no.5. 2. This writ petition is directed against the speaking order dated 11.11.2025 passed by the Directorate of Land Records and Surveys Etc, Assam, whereby the appeal preferred by the private respondent no.5 against the selection and appointment of the writ petitioner as the Gaon Pradhan for Lot No.5 of Page No.# 3/5 Dowarpara/Dongpara under Pachhim Dalgaon Mouza in the Dalgaon Revenue Circle, Darrang District was allowed and selection and appointment of the present petitioner who was arrayed as the respondent no.5 in the said appeal was set aside and quashed with immediate effect. Learned counsel for the petitioner submits that the objection raised by the writ petitioner as a respondent before the Appellate Authority was not considered by the Appellate Authority while deciding the appeal. It is submitted that the private respondent No. 5, who was the applicant before the Appellate Authority, did not fulfill the eligibility criteria as he neither possessed the requisite educational qualification nor owned any landed property and according to the petitioner, the private respondent no.5 has only studied up to Class-IX. Therefore, the writ petition is filed assailing the impugned order dated 11.11.2025 passed by the Appellate Authority. 3. Mr. J Handique, learned Standing Counsel, Revenue & Disaster Management Department appearing for the respondents no. 1 & 2 submtis that there is another forum prescribed under the Executive Instructions No. 162D. Under the said provision, a review against an order passed by the Appellate Authority lies before the State Government. That remedy has not been availed of by the writ petitioner. 4. Upon perusal of the executive instructions appended to the Assam Land Page No.# 4/5 and Revenue Regulation, 1886 it is seen that under the said Executive Instruction which stood amended by Executive Instruction No.162-D, review is maintainable against the orders passed by the Appellate Authority before the State Government. Under these instructions, the Authority in the State Government before whom the Review lies is the Additional Chief Secretary of the Revenue and Disaster Management Department. 5. Although the existence of alternative remedy is not absolute bar in entertaining a writ petition, considering the fact that the issue raised contains substantial factual issue, this Court is of the view that the petitioner can be relegated to file a review as prescribed under Executive Instructions No.162-D and according to the Court, such statutory remedy ought to be availed by the parties in view of the factual issues involved in this matter. Accordingly, without expressing anything on merit, the writ petition stands disposed of, permitting the petitioner to file a review as prescribed under the Executive Instructions No.162-D before the Additional Chief Secretary of the Revenue and Disaster Management Department, Government of Assam within the prescribed period of 2 (two) weeks from the date of receipt of a certified copy of the order. If the petitioner prefers a review as permitted, the Additional Chief Secretary, of the Revenue and Disaster Management Department, Government of Assam, being the prescribed authority to hear and dispose of Page No.# 5/5 review matters file under Executive Instructions No.162-D will endeavour to dispose of the review within a period of 90 (ninety) days from the date of filing of the review. Needless to say, that the private respondent no.5 will also be permitted to participate in the said proceedings. Let the review as permitted to be filed be decided within a prescribed period of time by passing a speaking order as expeditiously as possible to be decided within the outer limit of 06.03.2026. Till the review petition is finally decided by the Authority, the petitioner shall be allowed to continue in his post. If the review application, as permitted to be filed, is not filed within 2 (two) weeks from the date of receipt of a certified copy of the order, the relief granted to the petitioner shall cease to have its effect. 6. With the above observations and directions, the writ petition strands disposed of. JUDGE Comparing Assistant