Page No.# 1/5 GAHC010168632019 2026:GAU-AS:7310 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6447/2019 NOZRUL ISLAM SHEIKH S/O- LT RIAJ UDDIN R/O- BANSHALI P.O. KALAPANI P.S. MANKACHAR DIST- SOUTH SALMARA MANKACHAR ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. DISPUR GHY-6 2:THE COMMISSIONER LOWER ASSAM DIVISION PANBAZAR GHY-1 3:THE DY. COMMISSIONER OF SOUTH SALMARA MANKACHAR HATSINGIMARI DIST- SOUTH SALMARA MANKACHAR ASSAM CUM CHAIRMAN OF THE SELECTION COMMITTEE 4:THE ADC OF SOUTH SALMARA MANKACHAR HATSINGIMARI DIST- SOUTH SALMARA MANKACHAR ASSAM CUM MEMBER OF THE SELECTION COMMITTEE 5:THE CIRCLE OFFICER MANKACHAR REVENUE CIRCLE CUM MEMBER OF THE SELECTION COMMITTEE Page No.# 2/5 DIST- SOUTH SALMARA MANKACHAR ASSAM 6:THE CIRCLE OFFICER SOUTH SALMARA REVENUE CIRCLE CUM MEMBER OF THE SELECTION COMMITTEE DIST- SOUTH SALMARA MANKACHAR ASSAM 7:MOMIRUL ISLAM S/O- NIZIM UDDIN R/O- VILL- TETLABARI P.O. KALAPANI P.S. MANKACHAR DIST- SOUTH SALMARA MANKACHAR PIN- 783131 ------------ Advocate for : MR. S K DAS Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS. BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 26.05.2026 Heard Mr. S. K. Das, learned counsel, appearing for the petitioner. Also heard Mr. J. Handique, learned Standing Counsel, Revenue Department, representing the respondent no. 1 and Mr. J. K. Goswami, learned Addl. Senior Government Advocate, representing the State respondent nos. 2 to 6 as well as Mr. S. Islam, learned counsel, representing the respondent no. 7. 2. The instant writ petition has been filed by the petitioner, challenging the selection of respondent no. 7, namely, Momirul Islam, under Lot No. 51. 3. It is the contention of the petitioner that respondent no. 7 had applied only under the Lot No. 50 and not for Lot No. 51, however, his name is shown in the Page No.# 3/5 select list under Lot No. 51. The petitioner’s case is that he had applied under Lot No. 51, however, his name has not been shown in the select list. 4. The respondent no. 7 had filed an affidavit in the instant case, wherein, he has denied the allegations made by the petitioner. 5. The State authorities had filed an affidavit in the instant case, wherein, a specific stand has been taken by the State authorities that the issue involved is regarding appointment of Gaon Burah and that in terms of the notification dated 10.04.2018, whereby, certain amendments have been brought into the Executive Instructions contained in Assam Land Revenue Regulation, 1886. It is contended that by way of such amendment, specially, Executive Instructions No. 162 (c) has been brought in, wherein, it has been provided that an appeal against the order of appointment, suspension and dismissal of a Gaon Burah by the Deputy Commissioner/Principal Secretaries of autonomous council areas, shall lie to the Divisional Commissioner within a period of 60 days from the date on which the appellant receives a copy of such order. 6. The respondents further contended that by way of an another notification dated 01.02.2024, issued in the name of the Governor, in place of the Divisional Commissioner in Executive Instructions No. 162(c), the Director of Land Records and Survey, Assam, has been brought in. 7. Mr. J. K. Goswami, learned Addl. Senior Government Advocate, submits that since there is an alternative forum which is statutory in nature, to file an appeal, in case of any grievances regarding appointment, suspension and dismissal of a Gaon Burah, the same can be placed before the Director of Land Records and Service, Assam. Therefore, the instant writ petition may not be entertained and the same can be sent back to the aforesaid authority, i.e., Director of Land Records and Page No.# 4/5 Survey, Assam. He submits that in similar circumstances, wherein, suspension and/or appointment of a Gaon Burah was challenged, a Coordinate of this Bench has already taken a decision to send the matter back to the Appellate authority with a direction to the petitioner to file an appeal in terms of the Executive Instructions No. 162 (c). 8. In support of his submission, the learned Addl. Senior Government has referred to the case of Mahbubur Rahman Vs. State of Assam, reported in (2005) 4 GLT 397 as well as the case of Saidul Hoque Vs. State of Assam, (WP(C) No. 2451/2024, decided by this Court on 14.06.2024. In view of the aforesaid, he submits that the instant case is a right case, wherein there are certain factual disputes have arisen, the petitioner should be directed to approach the appropriate authority by filing an appeal. 9. Mr. Das, learned counsel, appearing for the petitioner has agreed to the aforesaid submission made by the Addl. Senior Government Advocate. 10. This Court has perused the relevant provisions, i.e., Executive Instructions No. 162 (c) as well as the cases that have been referred to in the instant case. 11. Taking into account the aforesaid submissions as well as the conclusions that had been arrived at by two Coordinate Benches of this Court, this Court is of the considered opinion that the petitioner should be directed to approach the Appellate forum for redressal of his grievances, whatsoever. 12. Accordingly, the petitioner is directed to submit an application in form of an appeal before the appropriate authority, i.e., the Director of Land Records and Survey, Assam with the certified copy of the instant order as soon as possible. 13. On receipt of such appeal, the respondent authorities, i.e., the Director of Page No.# 5/5 Land Records and Survey, Assam, shall adjudicate the matter after considering the appeal of the petitioner, giving an opportunity to the petitioner of hearing and submitting relevant documents in support of his case. 14. After such consideration, a speaking order, as per the provision of the Executive Instructions No. 162(c), shall be passed by the Director of Land Records and Survey, Assam, within a period of three (3) months from the date of receipt of appeal from the petitioner. 15. In terms of the aforesaid direction, the instant writ petition is disposed of. 16. The interim stay so granted in the instant case shall continue till the disposal of the appeal by the Director of Land Records and Survey, Assam. JUDGE Comparing Assistant