Dismissed¶27

Hakim Ali and Anr. v. the State of Assam and 8 Ors.

Writ Petition (C) – Civil dispute over use of path – Directions issued by Executive Magistrate

Gauhati HC14 Jul 2026WP(C)/5162/2025

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Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/5162/2025; order dated 15.07.2026; Justice Devashis Baruah; Article 226 of the Constitution; writ petition dismissed; pure civil dispute; use of path; right of way; ingress and egress; Executive Magistrate directions; petitioners Hakim Ali and Hasmat Ali; private respondents Gafur Ali and Tasiran Nessa; State of Assam; Kamrup; Chhaygaon; Goroimari Revenue Circle; liberty to approach competent civil court; dismissal without prejudice.

What did the court decide?

On a perusal of the materials on record, the present dispute is civil in nature between the petitioners and respondent Nos. 8 and 9 in respect of the use of the path, in which certain directions had been issued by the Executive Magistrate. ¶25

Hakim Ali and Anr. Vs the State of Assam and 8 Ors. — Writ and Judicial Review | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the High Court, in exercise of writ jurisdiction under Article 226 of the Constitution, should entertain a pure civil dispute between the petitioners and respondent Nos. 8 and 9 over the use of a path for ingress and egress.

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Court's answer

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Ratio / Principle

In exercise of jurisdiction under Article 226 of the Constitution, the Court is not inclined to entertain a pure civil dispute between the petitioners and respondent Nos. 8 and 9 over the use of a path for ingress and egress; the petitioners would be well advised to approach the competent Court of Civil Jurisdiction.

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Key takeaways

The writ petition is not entertained and accordingly stands dismissed.ratio¶27
Since the Court has not entertained the present dispute, the dismissal of the writ petition shall not prejudice or preclude the petitioners from approaching the competent Court of Civil jurisdiction in respect of the path, which is the subject matter of dispute with respondent Nos. 8 and 9.ratio¶30

Detailed headnote1 paragraphs

Writ Petition (C) — Civil dispute over use of path — Directions issued by Executive Magistrate — Gauhati High Court (Devashis Baruah, J.), order dated 15.07.2026: on a perusal of the record, the dispute between the petitioners and respondent Nos. 8 and 9 in respect of the use of a path was found to be purely civil in nature; the Court held that in exercise of jurisdiction under Article 226 of the Constitution it was not inclined to entertain a pure civil dispute over the use of a path for ingress and egress, and the petitioners were advised to approach the competent Court of Civil Jurisdiction; the writ petition was dismissed, with an express clarification that the dismissal shall not prejudice or preclude the petitioners from approaching the competent civil court in respect of the path.

Page No.# 1/4

GAHC010088112026

2026:GAU-AS:9667

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

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WP(C)/5162/2025

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HAKIM ALI AND ANR S/O LATE BARON ALI R/O TOPARPATHAR P.S. CHHAYGAON PIN 781137 DIST. KAMRUP ASSAM.

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2: HASMAT ALI

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S/O HAKIM ALI R/O TOPARPATHAR P.S. CHHAYGAON PIN 781124 DIST. KAMRUP ASSAM. VERSUS

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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

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2:THE DIST. COMMISSIONER

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KAMRUP AMINGAON 781031

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3:THE EXECUTIVE MAGISTRATE

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Page No.# 2/4

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KAMRUP AMINGAON 781031

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4:THE CIRCLE OFFICER

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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

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Page No.# 3/4

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Advocate for the petitioner(s): Mr. TU Laskar

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Advocate for the respondent(s): Ms. G Hazarika, Standing Counsel,

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Revenue Department for respondent No.1 Mr. SS Roy for respondent No.2 to 7 Ms. B Das for respondent Nos.8 & 9

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B E F O R E

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HON’BLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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15.07.2026

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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.

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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.

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Accordingly, this Court is not inclined to entertain the instant writ petition, for which, the writ petition stands dismissed.

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Before parting with the records, this Court makes it clear that taking into

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Page No.# 4/4

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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.

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JUDGE

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Comparing Assistant

Hakim Ali and Anr. v. the State of Assam and 8 Ors.

Case brief

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Hakim Ali and Anr. v. the State of Assam and 8 Ors.

Case brief

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What did the court decide?

What the court decided

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