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2023 Latest Caselaw 3924 Gua

                                                                  Page No.# 1/5

GAHC010075122018




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

                          Case No. : WP(C)/2362/2018

         HABIBUR RAHMAN BARLASKAR AND 3 ORS.
         S/O- LATE ATAUR RAHMAN BARLASKAR, R/O- MALUGRAM RAHMAN
         BARI, H NO. 57, WARD NO. 1, SILCHAR TOWN, DIST- CACHAR, ASSAM

         2: HAFIJUR RAHMAN BARLASKAR
          S/O- LATE ATAUR RAHMAN BARLASKAR
          R/O- MALUGRAM RAHMAN BARI
          H NO. 57
         WARD NO. 1
          SILCHAR TOWN
          DIST- CACHAR
         ASSAM

         3: KHALILUR RAHMAN BARLASKAR
          S/O- LATE ATAUR RAHMAN BARLASKAR
          R/O- MALUGRAM RAHMAN BARI
          H NO. 57
         WARD NO. 1
          SILCHAR TOWN
          DIST- CACHAR
         ASSAM

         4: NURUN NESSA
          D/O- LATE ATAUR RAHMAN BARLASKAR
         W/O- ABDUL MUKIT
          R/O- VILL- BAGBARI (BAGBARI KALIGANJ ROAD
          P.O- KARIMGANJ
          P.S- KARIMGANJ
          DIST- KARIMGANJ
         ASSAM ( ON THE DEATH OF LATE ATAUR RAHMAN BARLASKAR
         THE PETITIONERS NO. 1 TO 4 ARE THE LEGAL HEIRS AND
         BENEFICIARIES OF WAKF PROPERTY

         VERSUS
                                                        Page No.# 2/5


THE STATE OF ASSAM AND 14 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM, DISPUR,
GUWAHATI-6

2:THE COMMISSIONER AND SECRETARY
 REVENUE AND DM DEPTT
 DISPUR
 GUWAHATI-6

3:THE COMMISSIONER
 BARAK VALLEY ZONE
 GUWAHATI
ASSAM

4:THE DEPUTY COMMISSIONER CUM COLLECTOR
 CACHAR
 SILCHAR
ASSAM-1

5:THE ASSAM BOARD OF WAKFS
 REP. BY THE CHIEF EXECUTIVE OFFICER
 SIJUBARI
 HATIGAON
 GUWAHATI- 781038

6:THE SILCHAR MUNICIPAL BOARD
 REP. BY ITS EXECUTIVE OFFICER
 SILCHAR-1
ASSAM

7:THE REGISTRAR OF COOPERATIVE SOCIETIES
 REP. BY TE REGISTRAR
 KHANAPARA
 GUWAHATI
ASSAM

8:THE SILCHAR DEVELOPMENT AUTHORITY
 REP. BY ITS EXECUTIVE OFFICER
 SILCHAR-1
ASSAM

9:THE ASSISTANT REGISTRAR
 COOPERATIVE SOCIETIES
 SILCHAR-1
ASSAM

10:THE ASSISTANT SETTLEMENT OFFICER
                                                                  Page No.# 3/5

          SADAR CIRCLE
          SILCHAR-1

          11:TASILUDDIN AHMED
           SUPERINTENDENT
          ASSAM BOARD OF WAKFS
           SIJUBARI
           HATIGAON
           GUWAHATI- 38

          12:FAKIRUDDIN LASKAR
           (PATOWARY/ MANDAL) OFFICE OF THE ASSISTANT SETTLEMENT
          OFFICER
           SADAR CIRCLE
           SILCHAR-1

          13:ALTAFUR RAHMAN BARLASKAR
           S/O-LATE AMBAR ALI BARLASKAR
           R/O- MALUGRAM SILCHAR TOWN
           PARAGANA BARAKPUR
           P.S- SILCHAR
           DIST- CACHAR
           PIN- 788002

          14:ARATI KAR
          W/O- SRI MRIGENDRA NATH KAR
           R/O- ITAKHOLA
           SILCHAR TOWN
           PARAGANA BARAKPUR
           STATION AND SUB REGISTRY SILCHAR SADAR
           DIST- CACHAR.
           PIN- 788002

          15:M/S ELITE ESTATE HOUSING CONSTRUCTION COOPERATIVE SOCIETY
          LTD

           (REGD NO. S 20 OF 02-03 DTD. 30/01/2003) WARD NO. 3
           REP. BY MD. AFTAB UDDIN LASKAR
           S/O-LATE SAFIUR RAHMAN LASKAR
           R/O- SILCHAR TOWN
           GHANIALA
           PARAGANA BARAKPUR
           P.S- SILCHAR
           DIST- CACHAR
           PIN- 78800

For the petitioner (s)    : Mr. A. Hussain, Advocate
                                                                         Page No.# 4/5


For the respondent (s)   : Mr. Ali Meto, Advocate
                           Mr. N. Goswami, Advocate
                           Ms. S. Roy, Advocate
                           Ms. S. Mushahari, Advocate

                                 BEFORE
                  HON'BLE MR. JUSTICE DEVASHIS BARUAH
                                ORDER

25.09.2023

The Office Note reveals that service upon all the respondents is complete.

2. It appears that the instant writ petition has been filed challenging the order dated 13.03.2018 passed by the Presiding Officer, learned Wakf Tribunal, Cachar, Silchar in Misc.(W) Case No.6/2017 in Wakf Tribunal Case No.5/2017.

3. A perusal of the said impugned order reveals that the application filed by the petitioners seeking injunction was refused.

4. Ms. S. Roy, the learned counsel appearing on behalf of the respondent No.15 submits that the said Wakf Tribunal Case No.5/2017 has already been disposed of vide the Wakf Tribunal, Cachar, Silchar vide the judgment dated 31.12.2019. A certified copy of the said judgment has been placed on record.

5. From a perusal of the said judgment, it reveals that the suit so filed by the petitioner has been dismissed by the learned Tribunal.

6. Considering that the suit has already been dismissed vide the judgment dated 31.12.2019, nothing further survives to adjudicate in Page No.# 5/5

respect to the non-granting of an injunction vide the order dated 13.03.2018, and accordingly, the instant writ petition has become infructuous and stands closed.

7. A photocopy of the judgment is kept on record and marked with the letter "X".

JUDGE

Comparing Assistant