Page No.# 1/3 GAHC010129892021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/48/2021 ANOWARUDDIN WAKF ESTATE REPRESENTED BY SYED JAVED KAISAR, THE NEWLY APPOINTED MUTUWALLI PURSUANT TO THE DEATH OF THE EARLIER MUTUWALLI, SYED NASIRUDDIN ULLAH ON 10.06.2021 SITUATED AT GUWAHATI MEDICAL COLLEGE ROAD, BHANGAGARH, GUWAHATI, 781005, DIST KAMRUP M ASSAM VERSUS MUSSTT SAHERA KHATOON AND 7 ORS W/O LATE ABDAR ALI AND RESIDENT OF GMC ROAD, ANOWARPUR, BHANGAGARH, GUWAHATI 781005, DIST KAMRUP (M) ASSAM 2:MUSSTT. NAZIMA YASMIN D/O LATE ABDAR ALI AND RESIDENT OF GMC ROAD ANOWARPUR BHANGAGARH GUWAHATI 781005 DIST KAMRUP (M) ASSAM 3:MUSSTT. NASIMA YASMIN D/O LATE ABDAR ALI AND RESIDENT OF GMC ROAD ANOWARPUR BHANGAGARH GUWAHATI 781005 DIST KAMRUP (M) ASSAM 4:MD. ATAUR RAHMAN S/O LATE ABDAR ALI AND RESIDENT OF GMC ROAD ANOWARPUR BHANGAGARH GUWAHATI 781005 Page No.# 2/3 DIST KAMRUP (M) ASSAM 5:MD. AFZAL HUSSAIN S/O LATE ABDAR ALI AND RESIDENT OF GMC ROAD ANOWARPUR BHANGAGARH GUWAHATI 781005 DIST KAMRUP (M) ASSAM 6:SRI JATINDRA SHARMA FATHERS NAME UNKNOWN C/O M. TRON ELECTRONIC GMC ROAD ANOWARPUR BHANGAGARH GUWAHATI 781005 DIST KAMRUP (M) ASSAM 7:SRI DIGEN THAKURIA FATHERS NAME UNKNOWN C/O BHAI BHAI STORE GMC ROAD ANOWARPUR BHANGAGARH GUWAHATI 781005 DIST KAMRUP (M) ASSAM 8:SRI BADRI PRASAD SHARMA FATHERS NAME NOT KNOWN C/O PANKAJ BASTRALAYA GMC ROAD ANOWARPUR BHANGAGARH GUWAHATI 781005 DIST KAMRUP (M) ASSA Advocate for the Petitioner : MR. D BARUAH, MR A BHUYAN,MR. A I Ali,MS. N UPADHYAY Advocate for the Respondent : MR. A IKBAL (R-4 TO 5), S ALI (R-4 TO 5),MRS. M NATH (R-4 TO 5),MR. R BARUAH (R-4 TO 5) Page No.# 3/3 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 09.01.2026 Heard Mr. N. Chaudhury, learned counsel for the petitioner and also heard Mr. G. Imtiaz, learned counsel for the respondent Nos.4 and 5. The learned counsel for the petitioner submits that Hon'ble Supreme Court in the case of Rashid Wali Beg v. Farid Pindari & Ors., reported in (2022) 4 SCC 414 in paragraph 45 observed that any question or dispute relating to wakf property has to be filed before the Wakf Tribunal and on the basis of the aforesaid decision of Hon'ble Supreme Court, Mr. Chaudhury submits that he may be permitted to withdraw this petition with a liberty to approach the Tribunal. The prayer of Mr. Chaudhury stands allowed. However, liberty will remain with the petitioner to approach the Wakf Tribunal. Comparing Assistant Sd/- Robin Phukan JUDGE