Page No.# 1/3 GAHC010047822026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1558/2026 S. U ACADEMY HIGH SCHOOL REPRESENTED BY ITS PRESIDENT GOVERNING BODY ABDUS SATTAR (AGE 70 YEARS) RESIDENT OF VILLAGE- FATHEPUR, MOUZA LALUK, P.S. BIHUPURIA DISTRICT- LAKHIMPUR, ASSAM, PIN- 787054 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE SECRETARY SECONDARY EDUCATION DEPARTMENT TO THE GOVT. OF ASSAM, DISPUR GUWAHATI-06 2:THE DISTRICT COMMISSIONER LAKHIMPUR ASSAM 3:THE ADDL. DISTRICT COMMISSIONER (REVENUE) DISTRICT- LAKHIMPUR ASSAM 4:THE CIRCLE OFFICER BIHUPURIA REVENUE CIRCLE OF LAKHIMPUR DISTRICT ASSAM 5:MD. TAIBUL HHUSSAIN SON OF MUSLEMUDDIN RESIDENT OF VILLAGE NO-3 DHARMAPUR PS AND MOUZA LALUK P.O.- DHARAMPUR (BRANCH OFFICE) DIST.- LAKHIMPUR PIN- 784160 Page No.# 2/3 6:MD. ABDUL HASSEN SON OF MUSLEMUDDIN RESIDENT OF VILLAGE NO-3 DHARMAPUR PS AND MOUZA LALUK P.O.- DHARAMPUR (BRANCH OFFICE) DIST.- LAKHIMPUR PIN- 784160 7:MD. JAINAL ABDIN SON OF MUSLEMUDDIN RESIDENT OF VILLAGE NO-3 DHARMAPUR PS AND MOUZA LALUK P.O.- DHARAMPUR (BRANCH OFFICE) DIST.- LAKHIMPUR PIN- 784160 8:MD. NURUDDIN SON OF MUSLEMUDDIN RESIDENT OF VILLAGE NO-3 DHARMAPUR PS AND MOUZA LALUK P.O.- DHARAMPUR (BRANCH OFFICE) DIST.- LAKHIMPUR PIN- 78416 Advocate for the Petitioner : MR F Z MAZUMDER, Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 15-05-2026 Mr. F.Z. Mazumder, learned counsel for the petitioner has submitted that the petitioner may be allowed to withdraw the writ petition in order to file an appeal under Section 147[a] of the Assam Land and Revenue Regulation, 1886 before the Board of Revenue, Assam. He has submitted that the period spent in Page No.# 3/3 the instant proceeding should be considered by the Assam Board of Revenue in the event there occurs any delay in preferring the appeal. Ms. H. Terangpi, learned Standing Counsel, Secondary Education Department for the respondent no. 1 and Mr. H.K. Hazarika, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4 are present. In view of the above submission made by Mr. Mazumder, learned counsel for the petitioner, the writ petition is allowed to be withdrawn reserving the liberty to the petitioner to prefer an appeal before the Board of Revenue, Assam. It is observed that in the event an appeal is preferred by the petitioner before the Board of Revenue, Assam, the Board of Revenue, Assam shall take into consideration the period spent by the petitioner under sub-section [3] of Section 148 of the Assam Land and Revenue Regulation, 1886, as per law in the event any delay is found to have occurred on the part of the petitioner in preferring by the appeal. JUDGE Comparing Assistant