Page No.# 1/4 GAHC010264302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7122/2025 JONALI KALITA PATHAK W/O-RABIN PATHAK, R/O -VILLAGE- BANDHA SADHINI, P.O.-BAGHMARA BAZAR, P.S-BAGHMARA OUTPOST,DISTRICT-BAJALI, ASSAM, PIN- 781328. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE PRINCIPAL SECRETARY, GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06 2:THE DIRECTOR LAND RECORD AND SURVEYS ASSAM RUPNAGAR GUUWAHATI-32 3:THE DISTRICT COMMISSIONER BAJALI MADAN RAUTA NAGAR PATHSALA DISTRICT- BAJALI ASSAM PIN- 781325 4:THE SELECTION BOARD REPRESENTED BY THE DISTRICT COMMISSIONER BAJALI CUM CHAIRMAN SELECTION BOARD FOR RECRUITMENT OF GAON PRADHAN IN THE DISTRICT OF BAJALI MADAN RAUTA NAGAR PATHSALA Page No.# 2/4 DISTRICT- BAJALI ASSAM PIN- 781325 5:THE ADDITIONAL DISTRICT COMMISSIONER BAJALI MADAN RAUTA NAGAR PATHSALA DISTRICT- BAJALI ASSAM PIN- 781325 6:THE CIRCLE OFFICER BAJALI REVENUE CIRCLE BAJALI ASSAM PIN- 781325 7:DEBOJIT DAS S/O- LATE RAJEN DAS R/O- VILLAGE- BANDHA SADHINI P.O.- BAGHMARA BAZAR P.S. BAGHMARA OUTPOST DISTRICT- BAJALI ASSAM PIN- 78132 Advocate for the Petitioner : MR. B J GHOSH, MR H RAHMAN,RUBI GOGOI Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.12 .2025 Heard Ms. R. Gogoi, learned counsel for the petitioner. Also heard Mrs. M. Bhattacharyaa, learned Addl. Senior Government Advocate, Assam for the respondents Nos. 3, 4, 5 and 6 and Mr. S. Dutta, learned Standing Counsel, Revenue Department for the respondents Nos. 1 and 2. Page No.# 3/4 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, who was the selected candidate for the Charge No. 5 under Manikpur Mouza in the district of Bajali, 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. 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 Page No.# 4/4 within a period of three months from the date of received of the receipt of the 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