Page No.# 1/4 GAHC010262452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6762/2025 FAKAR UDDIN SARKAR S/O- ABDUL HAMID SARKAR, R/O- VILL.- AND P.O- KHOIRABARI, DIST- BARPETA, ASSAM, PIN- 781315. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE ADDTIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT L.R. DEPARTMENT, DISPUR, GUWAHATI- 6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERMENT OF ASSAM REVENUE AND DISASER MANAGEMENT LR DEPARTMENT DISPUR GUWAHAT-6. 3:THE DIRECTOR OF LAND RECORDS AND SURVEYS ASSAM RUPNAGAR GUWAHAT-32. 4:THE DISTRICT COMMISSIONER BARPETA P.O. AND DIST- BARPETA ASSAM PIN-781301. 5:THE SELECTION COMMITTEE FOR THE POST OF GAON PRADHAN REPRESENTED BY ITS CHAIRMAN CUM DISTRICT COMMISSIONER BARPETA DIST- AND P.O -BARPETA Page No.# 2/4 ASSAM-781301 6:THE CIRCLE OFFICER BARNAGAR REVENUE CIRCLE SHORBHOG DIST. BARPETA ASSAM PIN- 781317. 7:SUJIT SAHA S/O- LATE NIRANJAN SAHA R/O- VILL. AND P.O. KHOIRABARI DIST. BARPETA ASSAM PIN- 781315 Advocate for the Petitioner : MR. I H SAIKIA, MR. K KALITA,MS L HMAR Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 03.12 .2025 Heard Mr. I.H Saikia, learned counsel for the petitioner. Also heard Mr. D. Bora, learned Junior Government Advocate, Assam and Mr. J. Handique, learned Standing Counsel, Revenue 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. 20 under Gobardhana Mouza, under Barnagar Revenue Circle, did not have the required eligibility as per the advertisement dated 03.09.2022. The learned counsel for the petitioner, therefore, submits that he had earlier approached this Court by filing WP(C) No.1112/2023 when he was relegating to file the statutory appeal, which he had Page No.# 3/4 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.1112/2023 was disposed of by the Court by order dated 27.02.2023, 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. D. Bora, learned Junior Government Advocate, Assam and Mr. J. Handique, 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 hearing the review petition. 8. In terms of the above, the writ petition stands disposed of. JUDGE Comparing Assistant