Page No.# 1/7 GAHC010167852026 2026:GAU-AS:12707 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4342/2026 SRI RAMIR UDDIN AHMED S/O.- LATE GIYASUDDING AHMED , R/O. VILL.- JELKAJHAR, P.O.- MULAGAON, P.S. AND DIST.- BONGAIGAON PIN-783380 VERSUS THE STATE OF ASSAM AND OTHERS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI-06 2:THE DIRECTOR LAND RECORDS AND SURVEYS ETC. ASSAM RAJBHAWAN ROOPNAGAR GUWAHATI781032 DISTRICT- KAMRUP M ASSAM 3:THE DISTRICT COMMISSIONER BONGAIGAON DISTRICT- BONGAIGAON ASSAM 4:THE CIRCLE OFFICER BONGAIGAON REVENUE CIRCLE DISTRICT- BONGAIGAON ASSAM 5:TOFIRUDDIN AHMED SONS OF LATE GIYASUDDIN AHMED 6:NOFIRUDDIN AHMED Page No.# 2/7 SONS OF LATE GIYASUDDIN AHMED R/O. VILL.- JELKAJHAR P.O.- MULAGAON P.S. DIST.- BONGAIGAON ASSAM PIN-783380 7:DILWARA BEGUM W/O-LATE NURUDDIN AHMED B NADIA PERVIN C NASNIN BEGUM BOTH ARE D/O LATE NURUDDIN AHMED ALL ARE R/O. VILL.- JELKAJHAR PT-II P.O.- MULAGAON DIST.- BONGAIGAON ASSAM. MOTIZAN BEGUM W/O LATE TAMIRUDDIN AHMED A MAFIZUDDIN AHMED S/O LATE TAMIRUDD 8:MOTIZAN BEGUM W/O- LATE TAMIRUDDIN AHMED A) MAFIZUDDIN S/O- LATE TAMIRUDDIN AHMED BOTH ARE R/O- VILL TUNIA PAR MUFIZ MARKET BHOWLAGURI P.O- NEW BONGAIGAON DIST- BONGAIGAON ASSAM PIN-783381 9:NUREJA BEGUM W/O LATE ANOWAR RAHMAN VILL. BARUAPARA P.O.- KAYAPOTGAON. DIST.- KOKRAJHAR PIN-783370 10:MOJIRA BEGUM W/O- AMINUL HOQUE VILL.- CHALANTAPARA KUTHIPARA P.O.- CHALANTAPARA DIST.- BONGAIGAON PIN-783388 11:MUSTAFIZUR HOQUE A). TASADDARUL HOQUE B). MEHEKI GULSANA BOTH 7A 7B ARE SONS 7C IS THE DAUGHTER OF MOFIJUL HOQUE MOTHER OF LATE MOLLIKA BEGUM R/O.- BILASIPARA TOWN WARD NO. 6 Page No.# 3/7 P.O.- HAKAMA DIST.- DHUBRI PIN-783348 12:ROHIMA BEGUM W/O. LATE ASROF ALI VILL. PACHONIA P.O.- JOGIGHOPA DIST.- BONGAIGAON PIN-783388. MOUZA- GOBARDHANA P.S.- BARPETA ROAD DISTRICT- BARPETA PIN Advocate for the Petitioner : MR. B. KUMAR, MR. DILIP DEY,MR. B J GHOSH Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 02-09-2026 Heard Mr. B.J. Ghosh, learned counsel for the petitioner; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue & Disaster Management Department, Government of Assam for the respondent nos. 1 & 2; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 3 & 4. 2. In view of the nature of relief sought for by the petitioner in this writ petition and as agreed to by the learned counsel appearing for the petitioner and the afore-mentioned respondents, this writ petition is taken up for disposal at the motion stage itself, without issuing notice to the remaining respondents. 3. The writ petition is filed by the petitioner stating that the petitioner had Page No.# 4/7 filed an appeal under Section 147, Assam Land and Revenue Regulation, 1886 before the respondent no. 3 as the Appellate Authority and the said appeal has been registered and numbered as Appeal [M] no. 19/2024-2025 on 19.11.2025. It is stated that the appeal has been preferred against an Order dated 02.02.2014 passed by the respondent no. 4 and it is pending as on date. 4. As per the facts projected in the writ petition, the petitioner’s father, Late Giyasuddin Ahmed owned and possessed a plot of land measuring 8 Bighas 2 Kathas 6 Lessas, covered by Dag no. 147 of Patta no. 41, at Revenue Village – Dosimapara, Lot no. 4, Revenue Circle - Bongaigaon, District – Bongaigaon [‘the subject-plot’, for short]. According to the petitioner, after the death of Giyasuddin Ahmed on 04.10.2014, the subject-plot devolved upon the legal heirs including the petitioner. 4.1. It is stated that the petitioner filed a petition before the respondent no. 4 on 28.05.2025 for insertion of his name in the revenue records pertaining to the subject-plot, covered by Dag no. 147 of Patta no. 41, which was originally owned by his father, Giyasuddin Ahmed. The petition was filed on the premise that as one of the legal heirs out of nine, the petitioner’s share in the subject- plot would be 1/9th. The said petition, though received by the respondent no. 4 on 04.06.2025, was not given consideration. 4.2. Aggrieved thereby, the petitioner filed the appeal before the respondent no. 3 as the respondent no. 3 is the appellate authority under Section 147 of the Assam Land and Revenue Regulation, 1886. The petitioner has further stated that when he obtained the copies of the Jamabandi pertaining to the Page No.# 5/7 subject-plot, belonging to Late Giyasuddin Ahmed, he came to learn that by an Order dated 02.02.2014, the respondent no. 4 had mutated the entire subject- plot in favour of the respondent no. 5 and 6 herein, impleaded in this writ petition, in total exclusion of the other legal heirs of Late Giyasuddin Ahmed, including the petitioner. It is averred that a separate patta had also been allotted in the name of the respondent nos. 5 & 6. 4.3. It is for cancellation/recall of the Order dated 02.02.2014, the petitioner filed the application before the respondent no. 4 on 28.05.2025, with a further prayer to insert his name in the revenue records pertaining to the subject-plot, covered by Dag no. 147 of Patta no. 41, mentioned above. When no response was received, the petitioner has to file the appeal before the respondent no. 3, which has been registered and numbered as Appeal [M] no. 19/2024-2025. 4.4. With the grievance that despite filing of the appeal on 19.11.2025, the respondent no. 3 as the appellate authority has not disposed of the appeal after hearing the parties, the petitioner is before this Court with the present writ petition seeking inter alia a direction to the respondent no. 3 to consider and dispose of the appeal, Appeal [M] no. 19/2024-2025 in an expeditious manner, after affording hearing to the parties in the appeal. 5. Mr. Sarma, learned Additional Senior Government Advocate, Assam appearing for the respondent nos. 3 & 4 has submitted that if the appeal, Appeal [M] no. 19/2024-2025, is pending for disposal before the respondent no. 3, then this writ petition can be disposed of with a direction to the respondent no. 3 to take the appeal, Appeal [M] no. 19/2024-2025 on board for Page No.# 6/7 consideration and to dispose of the appeal by affording hearing to the parties in the appeal. Mr. Sarma has further pointed out that all the legal heirs of Late Giyasuddin Ahmed are to be afforded hearing in case the issue pertaining to the subject-plot involve all the legal heirs of Late Giyasuddin Ahmed. 6. In response, Mr. Ghosh has submitted that in the appeal, Appeal [M] no. 19/2024-2025, the respondent nos. 5 & 6 who are also sons of Late Giyasuddin Ahmed, and who were allegedly instrumental behind the Order dated 02.02.2014, are made parties. In addition, the petitioner as the appellant has also impleaded five other legal heirs of Late Giyasuddin Ahmed. He has submitted that the petitioner as the applicant will file an application in the appeal, Appeal [M] no. 19/2024-2025, pending before the respondent no. 3 within a period of two weeks from today seeking impleadment of all the remaining legal heirs of Late Giyasuddin Ahmed so that in the appeal, all the necessary and proper parties are impleaded and are given an opportunity of hearing. 7. From the above submissions of the learned counsel for the petitioner, it is discernible that the appeal, Appeal [M] no. 19/2024-2025 is presently pending before the respondent no. 3 who as the appellate authority under Section 147 of the Assam Land and Revenue Regulation, 1886 appears to be vested with the authority and jurisdiction to entertain, consider and dispose of such appeal. 8. In the above view of the matter, this Court is of the considered view that instead of keeping the writ petition pending, the writ petition can be disposed of with a direction to the respondent no. 3 to take the appeal on board and Page No.# 7/7 thereafter, to consider and dispose of the same as expeditiously as possible, preferably within a period of 3 [three] months from the date of submission of a copy of this Order by the petitioner at his office. It is accordingly ordered. 9. It is further directed that at the time of submission of the copy of this order, the petitioner will file an application for impleadment before the respondent no. 3 to implead the remaining legal heirs of Late Giyasuddin Ahmed, who are not made parties in the appeal till date, so that all the necessary and proper parties are impleaded in the appeal and are put on notice before hearing of the appeal. It is further observed that the respondent no. 3 shall afford an opportunity of hearing to all the legal heirs of Late Giyasuddin Ahmed by putting them on notice, before disposing of the appeal under Section 147 of the Assam Land and Revenue Regulation, 1886 by a speaking order. 10. With the observations made and directions given above, the writ petition is disposed of. JUDGE Comparing Assistant