Gauhati High Court
WP(C)/5162/2025 of HAKIM ALI AND ANR Vs THE STATE OF ASSAM AND 8 ORS on 14 July 2026
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
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
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
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
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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 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