Page No.# 1/6 GAHC010108112026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1817/2026 PALTU SHEIKH AND 14 ORS. S/O LATIFA BIBI, R/O- GAURIPUR, MADHUSAULMARI PT. II, DHUBRI, ASSAM-783331 2: FULSAN MALLIK SON OF FATO MALLIK VILL- RARABARI CHAR VTC- TARABARI P.O.- BAHARIHAT SUB DISTRICT- BARPETA DISTRICT- BARPETA ASSAM - 781302 3: LATIFA BIBI DAUGHTER OF NASER ALI RESIDENT OF GAURIPUR MADHUSAULMARI PT.II DHUBRI ASSAM - 783331 4: JYOTI RABI DAS DAUGHTER OF MUNNI RABIDAS H/NO-645 GMC ROAD BHANGAGARH GUWAHATI-05 ANOWARPUR MASJID LANE DISPUR KAMRUP METRO ASSAM- 781005. 5: MUKESH CHOUDHURY SON OF RAMESHWAR CHAUDHARI RESIDENT OF BHAWANANDPUR Page No.# 2/6 BEGUSARAI PANAPUR BIHAR PIN- 851127. 6: RAVINDAR KUMAR CHOUDHARI SON OF SHREE NARAYAN CHAUDHARI RESIDENT OF TARUN NAGAR GITANAGAR ZOO ROAD P.O.- ZOO ROAD DISTRICT- KAMRUP METRO ASSAM PIN- 781024. 7: VIJAY KUMAR CHOUDHARI SON OF NARAYAN CHAUDHARI RESIDENT OF GMCH ROAD MASZID GALI GUWAHATI DISPUR KAMRUP METRO ASSAM - 781004. 8: UPENDER CHOUDHURY SON OF RAM DEV CHOUDHARY RESIDENT OF HOUSE NO. 11 MASJID GALI GMCH ROAD NEAR PAWAN BHANDAR BHANGAGARH GUWAHATI DISPUR KAMRUP METRO ASSAM - 781005. 9: RAM BABU SAH SON LATE RAM CHANDRA SAH TEKNARI P.O.- RAMAULI PATEPUR BIHAR PIN- 843114. 10: SAIFUL ISLAM SON OF SHAHAR ALI RESIDENT OF KATAJHAR PATHAR Page No.# 3/6 KATAJAR PATHAR BARPETA ASSAM PIN-781315. 11: TARIFUL ISLAM SON OF ABU TAHER VILLAGE- HAHCHARA BAGUDI (BAGADI) BARPETA ASSAM - 781309. 12: MUKUL ALI SON OF MOJUNDAR ALI RESIDENT OF HOUSE NO. 39 GMCH ROAD BHANGAGARH INDRAPUR KAMRUP METRO ASSAM- 781032 13: CHANDAN KUMAR CHOUDHURY SON OF LAL BABU CHOUDHARY RESIDENT OF WARD NO. 26 GMC ROAD BHANGAGARH MASZID GALI GUWAHATI KAMRUP METRO ASSAM-781005. 14: BIJOY DEKA SON OF HEMKANTA DEKA VILL- KAITHPARA P.O.- TENGRABARI DISTRICT- DARRANG PIN- 784525. 15: BALRAM CHOUDHURY SON OF LATE JAMUN CHOUDHURY MASJID GALI BHANGAGARH G.S ROAD GUWAHATI-78100 VERSUS ANOWARUDDIN WAKF ESTATE AND 2 ORS. REPRESENTED BY ITS MUTAWALLI MOHAMMED NAIF ALI @ MUSTABA Page No.# 4/6 ALI, RESIDENT OF 1ST FLOOR, KAISER COMMERCIAL COMPLEX, BELOW HOTEL NEW GANGA, BHANGAGARH, G.S. ROAD, GUWAHATI- 781005, DISTRICT- KAMRUP (M), ASSAM. 2:NAIF ALI @ MUSTABA ALI SON OF LATE MD. MUSHTAQ ALI MUTAWALLI OF ANOWARUDDIN WAKF ESTATE FIRST FLOOR KAISER COMMERCIAL COMPLEX BHANGAGARH G.S. ROAD GUWAHATI- 781005 DISTRICT- KAMRUP (M) ASSAM. 3:THE ASSAM BOARD OF WAKFS REPRESENTED BY THE CHIEF EXECUTIVE OFFICER SEUJI PATH HATIGAON GUWAHATI- 781038 DISTRICT- KAMRUP (M) ASSAM Advocate for the Petitioner : MR. A ROY, MR. R SARMA,MR. U. DUTTA Advocate for the Respondent : MR. A I ALI (FOR CAVEATOR), MR N KALITA (FOR CAVEATOR),MR. T PEGU (FOR CAVEATOR),MR. M ISLAM (FOR CAVEATOR) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 23.06.2026 Heard Mr. R. Sarma, learned counsel for the applicant. Also heard Mr. A.I. Ali, learned counsel for the respondent. 2. This Interlocutory Application has been preferred along with the connected First Appeal seeking stay of the order of ad interim injunction dated 06.05.2026 passed by the learned Presiding Officer, Wakf Tribunal, Kamrup(M) in Misc(J) Case No.08/2026 arising out of TS No.25/2026. Page No.# 5/6 3. By the ad interim injunction, the applicant/appellant herein have been restrained from entering into the alleged schedule land and carrying out the business without entering into an agreement with the respondents. 4. In course of the hearing of this application, the learned counsel for both sides have referred to the documents including reports of the Guwahati Municipal Corporation, trace map, etc. pertaining to the scheduled land. 5. There is a multiplicity of documents which require careful examination for the purpose of deciding their dispute in question, which also involves the identity of the actual suit land and in respect of which, the an ad interim injunction order has been passed. 6. It transpires that after passing of the order of ad interim injunction, an application alleging violation of the same was filed by the plaintiffs, pursuant to which, an order was passed by the learned Tribunal, directing the police to execute the order of ad interim injunction, which is dated 19.05.2026 and another order was passed on 29.05.2026, issuing further direction to the O/C Bhangagarh Police Station to enforce the order and submit compliance report. 7. It is submitted that the appellants/applicants are still conducting their business as vendors on the said land as they have been doing for the last several decades. 8. It is submitted by the learned counsel for the respondents that it is open for the appellant/applicants to submit their petition before the learned Tribunal, inasmuch as, the present is only an order of ad interim injunction and the disputed question of fact can be decided only by the learned Tribunal. 9. Having regard to the fact that as of today, the appellants/applicants are still conducting business over the aforesaid suit land, this I.A. is disposed of with the direction that the appellant/applicants may approach the learned Tribunal by way of filing objection to the injunction petition within 15 (fifteen) days from today and upon such application being filed, the same shall be decided within a period of not later than 30 (thirty) days thereof and the injunction petition shall be disposed of by the learned trial Court. Page No.# 6/6 10. Till then, status quo as of today shall be maintained. All orders passed by the learned Tribunal shall be subject to instant order passed today. JUDGE Comparing Assistant