Gauhati High Court
WP(C)/3834/2026 of MD SHAHED ALI AND 4 ORS Vs THE STATE OF ASSAM AND 6 ORS on 27 August 2026
GAHC010144172026 2026:GAU-AS:12469 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3834/2026 MD SHAHED ALI AND 4 ORS S/O- LATE MUZAFAR GAONBURAH, R/O VILLAGE- MAZDIA, P/O- PASCHIM MAZDIA, DISTRICT- BARPETA, ASSAM. 2: ROMES ALI S/O- LATE
GAHC010144172026
2026:GAU-AS:12469
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3834/2026
MD SHAHED ALI AND 4 ORS
S/O- LATE MUZAFAR GAONBURAH, R/O VILLAGE- MAZDIA, P/O- PASCHIM MAZDIA, DISTRICT- BARPETA, ASSAM.
2: ROMES ALI
S/O- LATE MUZAFAR GAONBURAH
R/O VILLAGE- MAZDIA
P/O- PASCHIM MAZDIA
DISTRICT- BARPETA
ASSAM.
3: MOHAMMAD ALI
S/O- LATE MUZAFAR GAONBURAH R/O VILLAGE- MAZDIA
P/O- PASCHIM MAZDIA
DISTRICT- BARPETA
ASSAM
4: KAMRUZ ZAMAN
S/O- LATE MUZAFAR GAONBURAH
R/O VILLAGE- MAZDIA
P/O- PASCHIM MAZDIA
DISTRICT- BARPETA
ASSAM
5: HARUN AL RASHID
S/O- LATE MUZAFAR GAONBURAH
R/O VILLAGE- GAREMARI
P/O- PASCHIM MAZDIA
DISTRICT- BARPETA
ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, REVENUE DEPARTMENT, DISPUR, GHY-06.
2:THE DISTRICT COMMISSIONER (REVENUE BRANCH)
BARPETA
DISTRICT-BARPETA
ASSAM
3:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE BRANCH)
BARPETA
DISTRICT- BARPETA
ASSAM.
4:THE SETTLEMENT OFFICER
BARPETA
DISTRICT - BARPETA
ASSAM.
5:THE CIRCLE OFFICER
SARTHEBARI REVENUE CIRCLE
P.O- SARTHEBARI
DIST-BARPETA
ASSAM
PIN-781307.
6:ADARSHA VIDYAPEETH
MAZDIA ALIAS ADARSHA BALIKA VIDYAPEETH
MAZDIA
REPRESENTED BY ITS SECRETARY/ HEADMASTER
P/O- PASCHIM MAZDIA
DISTRICT- BARPETA
ASSAM
PIN-781305.
7:GITUWAR RAHMAN
S/O- LATE ABDUL MALIK ALI ALIAS ABDUL KHALEK ALI
R/O VILLAGE- GAREMARI
MAUZA- SARUKHETRI
P/O- PASCHIM MAZDIA
DISTRICT- BARPETA
ASSAM
PIN-781305
For the Petitioner(s) : Mr. S. Hoque, Advocate For the Respondent(s) : Mr. B.J. Talukdar, Sr. Govt. Advocate Mr. P.K. Medhi, Govt. Advocate Ms. G. Hazarika, Standing Counsel BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 28.08.2026
Heard Mr. S. Hoque, the learned counsel appearing on behalf of the petitioners. Mr. B.J. Talukdar, the learned Senior Government Advocate assisted by Mr. P.K. Medhi, the learned Government Advocate appears on behalf of the respondent Nos. 2 to 5 and Ms. G. Hazarika, learned Standing Counsel, appears on behalf of the respondent No. 1.
2. The present writ petition has been filed by the petitioners assailing an order passed by the Additional District Commissioner (Revenue), Barpeta dated 26.12.2025 whereby the mutation granted in favour of the petitioners was cancelled.
3. It is the opinion of this Court that an appeal lies to the learned Assam Board of Revenue in terms with Section 147(a) of the Assam Land and Revenue Regulation, 1886 against the order passed by the District Commissioner.
4. Considering the above, as the petitioners have an effective and alternative remedy, it is the opinion of this Court that the petitioners should be relegated to the learned Assam Board of Revenue for filing an appeal against the order dated 26.12.2025.
5. It is also very pertinent to observe that as this Court has relegated the petitioners to the learned Assam Board of Revenue and apparently the period for filing the appeal is over, an opportunity has to be granted to the petitioners to file the appeal.
6. Accordingly, this Court directs that if the petitioners file the appeal within a period of 30 days from today, the learned Assam Board of Revenue shall entertain the said appeal without insisting on the period of limitation.
7. Interim order passed earlier stands vacated.
8. With the above, the instant writ petition stands disposed of.
JUDGE Comparing Assistant