Page No.# 1/8 GAHC010017502026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/185/2026 34 NO SATHISALA FISH MARKET KAMRUP AND 20 ORS REPRESENTED BY ITS LESSEE NAMELY RANANJAY BAROI, SON OF LATE GAUR BAROI, VILL- SHOOLAGAON, PO- CHAMARIA, PS- BOKO, DIST.- KAMRUP, ASSAM 2: RANANJAY BAROI SON OF LATE GAUR BAROI VILL- SHOLAGAON PO- CHAMARIA PS- BOKO DIST.- KAMRUP ASSAM 3: ASUR UDDIN SON OF BORHAN ALI VILL- HATISHALA 4: MOKSED ALI AHMED SON OF HABEJ UDDIN VILL- HATISALA GAON 5: TAFIJ UDDIN @ TAFIUDDIN SON OF HUSEN ALI VILL- HATISOLA GAON 6: SAKAT ALI SON OF SHAHAR ALI VILL- HATISHALA 7: AFSER ALI SON OF HAZRAT ALI VILL- HATISHALA PAM 8: SHIRAJUL HOQUE Page No.# 2/8 SON OF ARAN ALI VILL- TUKRAPARA 9: SHIRAJ ALI SON OF MESER ALI VILL- HATISHALA PAM 10: AZMAL HOQUE SON OF HABEZUDDIN VILL- KARAIBEEL 11: ARAN ALI SSON OF ROHAM ALI VILL- HATISHOLA PAM 12: SHAHAR ALI SON OF TAHER ALI VILL- BHALUKABARI 13: SHORIFUL ISLAM SON OF MAMREZ ALI VILL- LARUAJAN 14: MAINUL HAQUE CHOUDHARY @ MAINUL SON OF ABU TAHER VILL- HATISHALA PAM 15: SAIFUL ISLAM SON OF MAMREJ ALI VILL- HATISOLA PAM 16: SHUKUR ALI SON OF VILL- LARUAJAAN 17: TAMEJ ALI @ TAMEZ UDDIN SON OF LATE MESER ALLI VILL- HATISHALA PAM 18: RAHMAT ALI SON OF EUSUF ALI VILL- LARUAJAAN 19: EKSED ALI SON OF MOKSED ALI VILL- KARAIBEEL 20: MAHIDUL ISLAM @ MAHIDUL HAQ Page No.# 3/8 SON OF JAYNAL ABDIN VILL- HATISHHALA 21: SHORIFUL ISLAM SON OF TOTA MIYA VILL- BHALUKA BARI ALL ARE UNDER PS CHHAYGAON DIST.- KAMRUP ASSAM EMAIL- ARPHOO.ALI2013@GMAIL.COM PHONE NO. 9859043615(M VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY ITS COMMISSIONER AND SECRETARY, FISHERY DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-06 2:THE JOINT DIRECTOR OF FISHERY DEPARTMENT GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI-19 3:THE DEPUTY DIRECTOR OF FISHERY DEPARTMENT GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI-19 4:THE MANAGING DIRECTOR ASSAM FIISHERY DEVELOPMENT CORPORATION LTD. CHACHAL VIP ROAD GUWAHHATI-36 5:THE DISTRICT FISHERY DEVELOPMENT OFFICER KAMRUP JANATA BHAWAN DISPUR GUWAHATI-06 6:THE DISTRIICT COMMISSIONER KAMRUP AT AMINGAON GUWAHATI-31 7:THE ADDITIONAL DISTRICT MAGISTRATE KAMRUP AT AMINGAON GUWAHATI-31 Page No.# 4/8 8:THE SUB-DIVISIONAL MAGISTRATE AMINGAON PIN- 781031 9:THE SUB-DEPUTY COLLECTOR GOROIMARI REVENUE CIRCLE GOROIMARI DIST.- KAMRUP ASSAM PIN CODE- 78113 Advocate for the Petitioner : MR. A ALI, Advocate for the Respondent : SC, FISHERY, GA, ASSAM Linked Case : WP(C)/407/2026 34 NO. SATHISALA FISH MARKET KAMRUP AND 20 ORS REPRESENTED BY ITS LESSEE NAMELY RANANJAY BAROI SON OF LATE GAUR BAROI VILL- SHOOLAGAON PO- CHAMARIA PS- BOKO DIST.- KAMRUP ASSAM 2: RANANJAY BAROI SON OF LATE GAUR BAROI VILL- SHOLAGAON PO- CHAMARIA PS- BOKO DIST.- KAMRUP ASSAM 3: ASUR UDDIN SON OF BORHAN ALI VILL- HATISHALA 4: MOKSED ALI AHMED SON OF HABEJ UDDIN VILL- HATISALA GAON Page No.# 5/8 5: TAFIJ UDDIN @ TAFIUDDIN SON OF HUSEN ALI VILL- HATISOLA GAON 6: SAKAT ALI SON OF SHAHAR ALI VILL- HATISHALA 7: AFSER ALI SON OF HAZRAT ALI VILL- HATISHALA PAM 8: SHIRAJUL HOQUE SON OF ARAN ALI VILL- TUKRAPARA 9: SHIRAJ ALI SON OF MESER ALI VILL- HATISHALA PAM 10: AZMAL HOQUE SON OF HABEZUDDIN VILL- KARAIBEEL 11: ARAN ALI SSON OF ROHAM ALI VILL- HATISHOLA PAM 12: SHAHAR ALI SON OF TAHER ALI VILL- BHALUKABARI 13: SHORIFUL ISLAM SON OF MAMREZ ALI VILL- LARUAJAN 14: MAINUL HAQUE CHOUDHARY @ MAINUL SON OF ABU TAHER VILL- HATISHALA PAM 15: SAIFUL ISLAM SON OF MAMREJ ALI VILL- HATISOLA PAM 16: SHUKUR ALI SON OF VILL- LARUAJAAN Page No.# 6/8 17: TAMEJ ALI @ TAMEZ UDDIN SON OF LATE MESER ALLI VILL- HATISHALA PAM 18: RAHMAT ALI SON OF EUSUF ALI VILL- LARUAJAAN 19: EKSED ALI SON OF MOKSED ALI VILL- KARAIBEEL 20: MAHIDUL ISLAM @ MAHIDUL HAQ SON OF JAYNAL ABDIN VILL- HATISHHALA 21: SHORIFUL ISLAM SON OF TOTA MIYA VILL- BHALUKA BARI ALL ARE UNDER PS CHHAYGAON DIST.- KAMRUP ASSAM EMAIL- ARPHOO.ALI2013@GMAIL.COM PHONE NO. 9859043615(M) VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY ITS COMMISSIONER AND SECRETARY FISHERY DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-06 2:THE JOINT DIRECTOR OF FISHERY DEPARTMENT GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI-19 3:THE DEPUTY DIRECTOR OF FISHERY DEPARTMENT GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI-19 4:THE MANAGING DIRECTOR ASSAM FIISHERY DEVELOPMENT CORPORATION LTD. CHACHAL VIP ROAD GUWAHHATI-36 Page No.# 7/8 5:THE DISTRICT FISHERY DEVELOPMENT OFFICER KAMRUP JANATA BHAWAN DISPUR GUWAHATI-06 6:THE DISTRIICT COMMISSIONER KAMRUP AT AMINGAON GUWAHATI-31 7:THE ADDITIONAL DISTRICT MAGISTRATE KAMRUP AT AMINGAON GUWAHATI-31 8:THE SUB-DIVISIONAL MAGISTRATE AMINGAON PIN- 781031 9:THE SUB-DEPUTY COLLECTOR GOROIMARI REVENUE CIRCLE GOROIMARI DIST.- KAMRUP ASSAM PIN CODE- 781137 ------------ Advocate for : MR. A ALI Advocate for : SC FISHERY appearing for THE STATE OF ASSAM AND 8 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 02.02.2026 Heard Mr. A. Ali, learned counsel for the applicants-writ petitioner nos. 3-21; Mr. P. Sharma, learned Standing Counsel, Fishery Department and AFDC for the opposite party nos. 1, 2, 3, 4 & 5; and Mr. M. Chetia, learned Junior Government Advocate for the opposite party nos. 6-9. 2. The learned counsel for the applicants have submitted that the opposite party no. 4 had entered into an agreement on 14.06.2019 with one Hatishala Anchalik Saptahik Bazar Page No.# 8/8 Porisalona Samitee for operating a market in the vacant plot within 34 no. Hatishala Meenmahal area. It is further submitted that the agreement was executed by one Imaan Ali as the President of Hatishala Anchalik Saptahik Bazar Porisalona Samitee. The applicants have further submitted that the allotment orders, annexed as Annexure – I series to the writ petition, whereby the applicants-petitioner nos. 3-21 were allowed to operate their temporary shops on the basis of the said agreement, were also issued by Mr. Imaan Ali, the President of Hatishala Anchalik Saptahik Bazar Porisalona Samitee, and as such, the eviction notice issued by the opposite party no. 9 is without authority and jurisdiction. 3. Mr. Ali has further submitted that as the applicants-writ petitioner nos. 3-21 could not annex the Agreement dated 14.06.2019 with the writ petition for reasons beyond their control, the Order dated 29.01.2026 came to be passed. On the strength of the Agreement dated 14.06.2019, he has renewed the prayer for an interim order. 4. Mr. Sharma and Mr. Chetia have submitted that they need some time to take instructions as regards the veracity and genuineness of the Agreement dated 14.06.2019 and on the aspect whether the petitioners were allowed to run temporary shops from the vacant land of 34 no. Hatishala Meenmahal, as claimed by them. 5. Having regard to the projections made on behalf of the applicants-petitioner nos. 3-21, this Court is of the considered view that the applicant-petitioner nos. 3-21 have a prima facie case for an interim order for balancing the equities. Therefore, it is observed, in the interim, that the parties shall maintain status quo as regards the position obtaining as on today with regard to the plot of land in question till further consideration of the matter. 6. The instant interlocutory application stands accordingly disposed of. JUDGE Comparing Assistant