Page No.# 1/4 GAHC010088112026 2026:GAU-AS:9667 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C)/5162/2025 HAKIM ALI AND ANR S/O LATE BARON ALI R/O TOPARPATHAR P.S. CHHAYGAON PIN 781137 DIST. KAMRUP ASSAM. 2: HASMAT ALI S/O HAKIM ALI R/O TOPARPATHAR P.S. CHHAYGAON PIN 781124 DIST. KAMRUP ASSAM. VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF LAND REVENUE AND DISASTER MANAGEMENT JANATA BHAWAN DISPUR GUWAHATI 78006 2:THE DIST. COMMISSIONER KAMRUP AMINGAON 781031 3:THE EXECUTIVE MAGISTRATE Page No.# 2/4 KAMRUP AMINGAON 781031 4:THE CIRCLE OFFICER GOROIMARI REVENUE CIRCLE GOROIMARI KAMRUP ASSAM. 5:THE SUPERINTENDENT OF POLICE KAMRUP ASSAM. 6:THE OFFICER IN CHARGE CHHAYGAON POLICE STATION CHHAYGAON KAMRUP ASSAM. 7:THE IN CHARGE JORSHIMULI POLICE OUT POST GOROIMARI UNDER CHHAYGAON P.S. KAMRUP ASSAM. 8:GAFUR ALI S/O SADULA MIYA R/O VILL. TOPAPATHAR JORSHIMULI P.S. CHHAYGAON DIST- KARMUP ASSAM PIN-781124 9:TASIRAN NESSA W/O GAFUR ALI R/O TORA PATHAR JORSHIMULI P.S. CHHAYGAON DIST- KAMRUP ASSAM. ------------ Advocate for : MR DEBA SARMAH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS Page No.# 3/4 Advocate for the petitioner(s): Mr. TU Laskar Advocate for the respondent(s): Ms. G Hazarika, Standing Counsel, Revenue Department for respondent No.1 Mr. SS Roy for respondent No.2 to 7 Ms. B Das for respondent Nos.8 & 9 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 15.07.2026 From a perusal of the materials on record, it is apparent that the present dispute is a dispute which is civil in nature between the petitioners as well as the respondent Nos.8 and 9 in respect to the use of the path, wherein there were certain directions issued by the Executive Magistrate. 2. It is the opinion of this Court that the petitioners would be well advised to approach the competent Court of Civil Jurisdiction inasmuch as, this Court in exercise of jurisdiction under Article 226 of the Constitution is not inclined to entertain a pure civil dispute between the petitioners and the respondent Nos.8 and 9 over the use of a path for ingress and egress. 3. Accordingly, this Court is not inclined to entertain the instant writ petition, for which, the writ petition stands dismissed. 4. Before parting with the records, this Court makes it clear that taking into Page No.# 4/4 account that this Court has not entertained the present dispute, the dismissal of the instant writ petition shall not prejudice or preclude the petitioners to approach the competent Court of Civil jurisdiction in respect to the path which is the dispute between the petitioners and the respondent Nos.8 and 9. JUDGE Comparing Assistant