Gauhati High Court

WP(C)/4059/2025 of FAZAR ALI PRAMANIK Vs THE STATE OF ASSAM AND 5 ORS on 16 June 2026

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GAHC010156922025 2026:GAU-AS:8751 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4059/2025 FAZAR ALI PRAMANIK S/O- LATE INTAZ ALI PRAMANIK, VILL.- NAYERALGA PART-III, P.O. NAYERALGA, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN- 783348. VERSUS

GAHC010156922025

2026:GAU-AS:8751

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4059/2025

FAZAR ALI PRAMANIK

S/O- LATE INTAZ ALI PRAMANIK, VILL.- NAYERALGA PART-III, P.O.

NAYERALGA, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN- 783348.

VERSUS

THE STATE OF ASSAM AND 5 ORS

REPRSENTED BBY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, LAND AND REVENUE DEPARTMENT, DISPUR, GUWAHATI-06.

2:THE DISTRICT COMMISSIONER

DHUBRI

ASSAM

P.O.

P.S. AND DIST. DHUBRI

ASSAM

PIN- 783301.

3:THE CIRCLE OFFICER CUM THE ASSISTANT SETTLEMENT OFFICER

BILASIPARA REVENUE CIRCLE

BILASIPARA

P.O. AND P.S. BILASIPARA

DIST. DHUBRI

ASSAM

PIN- 783348.

4:THE SUPERINTENDENT OF POLICE

DHUBRI

ASSAM

P.O.

P.S. AND DIST. DHUBRI

ASSAM

PIN- 783301.

5:THE OFFICER-IN-CHARGE

BILASIPARA POLICE STATION

P.O. BILASIPARA

DIST. DHUBRI

ASSAM

PIN- 783348.

6:FORMAN ALI

S/O- LATE SATTAR ALI

VILL.- GUTIPARA PART-I

P.O. KAZAIKATA

P.S. BILASIPARA

DIST. DHUBRI

ASSAM

PIN- 783348

Advocate for the petitioner(s): Mr. M Hussain Advocate for the respondent(s): Ms. PR Mahanta Standing Counsel Revenue Department Mr. SK Goswami for respondent No.6

B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

17.06.2026

Heard Mr. M Hussain, the learned counsel appearing on behalf of the petitioner. Also heard Ms. PR Mahanta, the learned counsel, who appears on behalf of the respondent Nos. 2 to 5 and Mr. SK Goswami, the learned counsel, who appears on behalf of the respondent No.6.

2. The present writ petition has been filed by the petitioner challenging the order dated 08.03.2010 passed by the Circle Officer-cum-Assistant Settlement Officer, Bilasipara Revenue Circle, whereby land measuring 3 bighas, 1 katha and 3 lechas covered by Dag No.116/476, Patta No.122/115(new) of village Gutipata Part-I under Bilasipara Revenue Circle was mutated in favour of the respondent No.6.

3. It has been brought to the attention of this Court that during the pendency of the instant writ petition, an appeal has been filed before the Office of the District Commissioner Dhubri and the said case No. is RCCMS/RAD/BIL/2025/12/01309.

4. Taking into account that the Appellate Authority is dealing with the issue presently under adjudication by this Court, it would not be proper on the part of this Court to continue to exercise the extraordinary jurisdiction by continuing a parallel proceedings.

5. Accordingly as both the parties i.e. the petitioner as well as the respondent No.6 are present before this Court, they are directed to appear before the learned Additional District Commissioner, Dhubri in connection with Reference Case No.RCCMS/RAD/BIL/2025/12/01309 on 20.07.2026 for further proceedings of the appeal.

6. In view of the above, the writ petition stands closed.

7. It is observed that this Court has not decided anything on the order dated 08.03.2010, which is the subject matter of the appeal before the Appellate Authority and the Appellate Authority shall duly consider the same in accordance with law.

8. It is further observed and directed that upon appearance of both the parties, the Additional District Commissioner, Dhubri shall decide the said appeal as expeditiously as possible and preferably within a period of 6(six) months from 20.07.2026 which is the date so directed for appearance of the parties before the Additional District Commissioner, Dhubri.

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