Page No.# 1/4 GAHC010244422025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6489/2025 AKBAR ALI S/O- LATE ISMAIL BEG (EX-GAONBURAH), R/O- VILL.- KHUDNABARI, P.O. CHUKRUNGBARI, P.S. SORBHOG, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE REVENUE AND DISASTER MANAGEMENT (LR) DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DISTRICT COMMISSIONER BARPETA P.O. AND DIST- BARPETA ASSAM PIN- 781301. 3:THE ADDITIONAL DISTRICT COMMISSIONER (REV.) BARPETA P.O. AND DIST- BARPETA ASSAM PIN- 781301. 4:THE DIRECTOR OF LAND RECORDS AND SURVEYS ASSAM RUPNAGAR GUWAHATI- 781032. 5:THE CIRCLE OFFICER BARNAGAR REVENUE CIRCLE PO AND PS SORBHOG DIST -BARPETA Page No.# 2/4 ASSAM PIN- 781317. 6:ASHRAFUL ISLAM S/O- AMIR HAMJA R/O.- VILLAGE- KHUDNABARI P.O. CHUKRUNGBARI P.S. SORBHOG DIST BARPETA ASSAM PIN- 781317 Advocate for the Petitioner : MR. A R SIKDAR, MR. S I TALUKDAR,MR. Z H BORA,J A SIKDAR Advocate for the Respondent : GA, ASSAM, FOR CAVEATOR,MR. N UDDIN,MR. D A KAIYUM,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.11 .2025 Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Addl. Senior Government Advocate for the respondents Nos. 2, 3 and 5 and Mr. J. Handique, learned Standing Counsel, Revenue Department for the respondents Nos. 1 and 4 and Mr. D.A. Kaiyum, learned counsel for the private respondent No.6/ caveator. This writ petition has been filed by the writ petitioner putting to challenge the appointment of the private respondent No.6, who was appointed as a Gaonburah in Charge No.16 of Village Khudnabari under Mouza- Kharija Bijni. It is the claim of the petitioner that in terms of the advertisement dated 01.07.2015, the private respondent did not satisfy the eligibility criteria as he did Page No.# 3/4 not have any land standing on his name on a date when he had submitted his application. Both the petitioner and the private respondent were applicants for the said post of Gaonburah of Charge No.16 of Village Khudnabari under Mouza- Kharija Bijni. Nevertheless, when the private respondent was appointed as the Gaonburah in place of writ petitioner, the writ petitioner filed an appeal before the Director of Land Records & Surveys Etc, Assam challenging the said appointment on the ground that the documents available showed that the petitioner had purchased the land well after he had submitted his application, pursuant to the advertisement dated 01.07.2015 and therefore, on a date when he had submitted his application, he did not fulfill the eligibility criteria and which could not have been overlooked by the selection authority. The Director of Land Records & Surveys Etc, Assam, however, rejected the appeal preferred by the writ petitioner and therefore, the petitioner is before this Court. During the course of the hearing before this Court, it was pointed out by the learned Standing Counsel, Revenue Department that there is a further provision for filing a review under Clause No. 162-D of the Executive Instructions under the Assam Land Revenue Regulation, 1886. It is submitted that since, there is another statutory authority before whom the petitioner can ventilate his grievances the petitioner should be relegated to file the review. The learned counsel for the petitioner submits that he would like to avail the remedy prescribed under Executive Instructions No. 162-D. Under such circumstances, without expressing any opinion on the merits of the case the petitioner is permitted to approach the authority prescribed under Executive Instructions No. 162-D by filing appropriate application. If the petitioner approaches the said authority within two weeks time from today then the Page No.# 4/4 appropriate authority will consider the appeal by examining the grievances of the petitioner including the claim of non-fulfillment of the eligibility criteria the private respondent at the time when he submitted his application in response to the advertisement dated 01.07.2015 for selection and appointment of Gaonburah. The authority prescribed under Executive Instruction No. 162-D will thereafter, pass a detailed speaking order and copies thereof, shall be served on the writ petitioner. The writ petitioner and all affected parties shall also be permitted to take part in the hearing before the said authority concerned. The directions contained in the order passed by the authority concerned shall be carried out within a period of 60 days from the date, the petitioner approaches the said authority by filing necessary applications as prescribed under Executive Instruction No. 162-D. The writ petition is accordingly, disposed of. Interlocutory application, if any stands disposed. JUDGE Comparing Assistant