Page No.# 1/4 GAHC010221182026 2026:GAU-AS:15300 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5475/2026 RADHE SHAYAM CHOUHAN S/O LATE INDRAJIT CHOUHAN. R/O- VILLAGE PUB DHANIRAM PATHAR, P.O. HOJAI, P.S- HOJAI, DISTRICT- HOJAI, ASSAM, PIN- 782435. 2: PRABHU CHOUHAN S/O LATE INDRAJIT CHOUHAN. R/O- VILLAGE PUB DHANIRAM PATHAR P.O. HOJAI P.S- HOJAI DISTRICT- HOJAI ASSAM PIN- 782435 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF REVENUE, RUPNAGAR, KAMRUP (M), ASSAM, PIN-781032. 2:THE DISTRICT COMMISSIONER HOJAI SRIMANTA SANKRDEV NAGAR ASSAM PIN-782442. 3:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE) HOJAI SRIMANTA SANKARDEV NAGAR ASSAM PIN- 782442. 4:THE CIRCLE OFFICER HOJAI REVENUE CIRCLE HOJAI ASSAM Page No.# 2/4 PIN- 782442. 5:SHRI KAMAKHYA PRASAD TEWARI S/O- LATE GUROKH NATH TEWARI R/O- HOJAI TOWN P.S- HOJAI DISTRICT-HOJAI PIN- 782435. 6:SHRI PRABHAT KUMAR TEWARI S/O- LATE GUROKH NATH TEWARI R/O- HOJAI TOWN P.S- HOJAI DISTRICT-HOJAI PIN- 782435 Advocate for the petitioner(s): Mr. RP Sarmah, Senior Advocate Mr. D Doley Advocate for the respondent(s): Mr. J Handique Govt. Advocate Ms. PR Mahanta Standing Counsel Revenue Department B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 09.10.2026 Heard Mr. RP Sarmah, the learned Senior Counsel assisted by Mr. D Doley, the learned counsel appearing on behalf of the Petitioners. Also heard Ms. PR Mahanta, the learned counsel, who appears on behalf of Respondent No.1 and Mr. J Handique, the learned Govt. Advocate, Assam who appears on behalf of the respondent Nos.2, 3 and 4. Page No.# 3/4 2. The present writ petition has been filed assailing the order dated 03.06.2026, wherein it is mentioned that upon field verification being carried out, it was found that the Petitioners have no possession of P.P. No. 96 of Dag No.195. However, the petitioners have possession over Dag No. 197, which is a residential class of land for 1 Bigha, 1 Katha, and 0 Lessas, though, the Petitioners are neither the recorded pattadars, nor the recorded tenants in respect to P.P. No.96 of Dag No.197. 3. The learned Senior Counsel appearing on behalf of the Petitioners have submitted that the factual aspect so decided in the report of the Circle Officer, Hojai Revenue Circle dated 03.06.2026 is incorrect. 4. It is the opinion of this Court that these factual aspects can only be decided in a forum wherein evidence can be led. In addition to that, it is also seen that against an order passed by the Circle Officer disposing of the application submitted by the Petitioners, an appeal lies before the Deputy Commissioner under Section 147 of the Assam Land and Revenue Regulation, 1886. 5. Considering the above, this Court, therefore, is not inclined to entertain the instant writ petition, for which the writ petition stands dismissed. 6. Liberty, however, is given to the Petitioners to approach the Deputy Commissioner, Hojai, if so advised, challenging the order Page No.# 4/4 dated 03.06.2026 passed by the Circle Officer, Hojai Revenue Circle. 7. It is further observed that if the said appeal is preferred within a period of 15(fifteen) days from today, the Deputy Commissioner, Hojai, shall entertain the same without insisting on the question of limitation. JUDGE Comparing Assistant