Page No.# 1/4 GAHC010264342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7059/2025 NABAJIT ROY NAVAJIT ROY S/O- LT. PROMOD CH ROYR/O -VILLAGE- TUPLAI PANBARI, P.TUPLAI PANBARI, P.S-PATACHARKUCHI,DISTRICT-BAJALI, ASSAMPIN-781372. VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE PRINCIPAL SECRETARY, GOVERNMENT OF ASSAM,REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF LAND RECORDS AND SURVEYS ASSAM RUPNAGAR GUWAHATI-32 3:THE DISTRICT COMMISSIONER BAJALI MADAN RAUTA NAGAR PATHSALA BAJALI ASSAM PIN-781325 4:THE SELECTION BOARD REP. BY THE DISTRICT COMMISSIONER BAJALI CUM CHAIRMAN SELECTION BOARD FOR RECRUITMENT OF GAON PRADHAN IN THE DIST. OF BAJALI MADAN RAUTA NAGAR PATHSALA BAJALI Page No.# 2/4 ASSAM PIN-781325 5:THE ADDL. DISTRICT COMMISSIONER BAJALI MADAN RAUTA NAGAR PATHSALA BAJALI ASSAM PIN-781325 6:THE CIRCLE OFFICER BAJALI REVENUE CIRCLE BAJALI ASSAM PIN-781325 7:MANASH ROY S/O- LATE DWIJENDRA NATH ROY R/O- VILLAGE- TUPLAIPANBARI P.O- TUPLAI PANBARI P.S- PATACHARKUCHI DIST- BAJALI ASSAM PIN-78137 Advocate for the Petitioner : RUBI GOGOI, MR H RAHMAN,MR. B J GHOSH Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 10.12 .2025 Heard Mr. B.J. Ghosh, learned counsel for the petitioner. Also heard Mrs. M. Bhattacharyaa, learned Addl. Senior Government Advocate, Assam for the State and Mr. S. Dutta, learned Standing Counsel, Revenue Department. 2. The petitioner before this Court is challenging the order passed in appeal dated 09.09.2025. According to the writ petitioner, the private respondent No.7, Page No.# 3/4 who was the selected candidate for the Charge No. 9 under Uttar Bajali Mouza of Bajali district, did not have the required eligibility as per the advertisement dated 23.03.2022. The learned counsel for the petitioner, therefore, submits that he had filed an before the Appellate Authority being Appeal Case No.107/2024. 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. Mrs. M. Bhattacharyaa, learned Addl. Senior Government Advocate, Assam for the State and Mr. S. Dutta, learned Standing Counsel, Revenue 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 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 writ 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 review appeal is filed then the same shall be decided within a period of three months from the date of received of the receipt of the Page No.# 4/4 review application by the concerned authority entertaining the review. 7. Any interim orders found necessary can also be issued by the Review Authority for hearing the review petition. 8. In terms of the above, the writ petition stands disposed of. 9. The review application in terms of the Executive Instruction 162-D is to be filed within 90 days from the date of receipt of the order passed by the Appellate Authority. Since the order of the Appellate Authority was passed on 09.09.2025 and the writ petition has been disposed of today with liberty to file a review application, the period of limitation shall extend for a further period of two weeks from today. JUDGE Comparing Assistant