Gauhati High Court
Page No.# 1/6 vs Kuaripukhuri High Schoo And Ors on 17 June, 2025
Page No.# 1/6
GAHC010011592025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/169/2025
ABDUL JALIL AND ORS
S/O LATE SADEK ALI, R/O VILL- GALANDIKASH, MOUZA- PACHIM
DALGAON, P.O.-KUARIPUKHURI, DIST- DARRANG (ASSAM), PIN-784115
2: ABDUL KADER
S/O LATE SADEK ALI
R/O VILL- GALANDIKASH
MOUZA- PACHIM DALGAON
P.O.-KUARIPUKHURI
DIST- DARRANG (ASSAM)
PIN-784115
3: ABDUL SAMAD
S/O KASEM ALI
R/O VILL- GALANDIKASH
MOUZA- PACHIM DALGAON
P.O.-KUARIPUKHURI
DIST- DARRANG (ASSAM)
PIN-784115
4: KHUS MAHMOOD
S/O HASEN ALI
R/O VILL- GALANDIKASH
MOUZA- PACHIM DALGAON
P.O.-KUARIPUKHURI
DIST- DARRANG (ASSAM)
PIN-784115
5: JOYNAL ABEDIN
LATE HAJRAT ALI
R/O VILL- GALANDIKASH
MOUZA- PACHIM DALGAON
P.O.-KUARIPUKHURI
DIST- DARRANG (ASSAM)
Page No.# 2/6
PIN-784115
6: ABUL KASHEM
S/O LATE ASGAR ALI
R/O VILL- GALANDIKASH
MOUZA- PACHIM DALGAON
P.O.-KUARIPUKHURI
DIST- DARRANG (ASSAM)
PIN-784115
7: HASEN ALI
S/O LATE FAKARUDDIN
R/O VILL- GALANDIKASH
MOUZA- PACHIM DALGAON
P.O.-KUARIPUKHURI
DIST- DARRANG (ASSAM)
PIN-784115
8: SHAHAJAMAL
S/O LATE SAHABU MANDAL
R/O VILL- GALANDIKASH
MOUZA- PACHIM DALGAON
P.O.-KUARIPUKHURI
DIST- DARRANG (ASSAM)
PIN-78411
VERSUS
KUARIPUKHURI HIGH SCHOO AND ORS
REPRESENTED BY ITS HEADMASTER CUM MEMBER SECRETARY MD.
ABUL HASHEM, AGE - 52 YEARS, S/O MAULANA ABDUL BARI, R/O VILL-
GALANDIKASH, MOUZA- PACHIM DALGAON, P.O.-KUARIPUKHURI, DIST-
DARRANG (ASSAM), PIN-784115
Advocate for the Petitioner : SAIFUL ISLAM, MR S ISLAM(ALL RESPONDENTS),MS. F
RAHMAN(ALL RESPONDENTS),MR S H MAHMUD(ALL RESPONDENTS)
Advocate for the Respondent : MR. S K ROY, K RAHMAN
Page No.# 3/6
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 17.06.2025
Heard Mr. S.H. Mahmud, learned counsel for the applicants and also heard
Mr. K. Rahman, learned counsel for the opposite party.
2. This interlocutory application, is preferred by the applicants for vacation of
the interim order, dated 11.12.2024, passed by this Court in CRP No. 133/2024.
3. It is to be noted here that vide impugned order dated 11.12.2024, this Court
was pleased to stay the ad-interim temporary injunction order dated 02.11.2023,
passed by the learned Civil Judge (Junior Division), No.1, Darrang, (hereinafter trial
Court) Mangaldoi in Misc.(J) Case No. 25/2023.
4. Mr. Mahmud, learned counsel for the applicants submits that the applicants
as plaintiffs have instituted one title suit, being T.S. No. 42/2023, for right, title and
interest and possession over Schedule A1 to A10 land and also for declaration that
the defendants have no right, title and interest over the Schedule A1 to A 10 land
and also for permanent injunction over the aforementioned schedule land. Along
with the said title suit, the opposite party herein had also filed one injunction
petition upon which Misc.(J) Case No. 25/2023, was registered and thereafter,
hearing the applicants the learned trial Court, vide order dated 02.11.2023,
granted ad-interim temporary injunction. Being aggrieved, the opposite party
herein had challenged the said order before the learned Civil Judge, (Senior
Division), Darrang, Mangaldoi ("first appellate Court" for short) being Misc. Appeal
No. 14/2023.
5. Thereafter, the learned first appellate Court, after hearing both the parties,
upheld the impugned order dated 02.11.2023, passed by the learned trial Court in
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Misc.(J) Case No. 25/2023.
6. Being aggrieved, the applicants herein, approached this Court by filing the
present civil revision petition wherein vide order dated 11.12.2024, this Court was
pleased to stay the operation of the impugned order dated 02.11.2023, passed by
the learned trial Court in Misc.(J) Case No. 25/2023. Being aggrieved, the
applicants herein preferred the present I.A. for vacation of the stay order dated
11.12.2024.
7. Mr. Mahmud, learned counsel for the applicants submits that both the Courts
below after hearing learned counsel for both the parties, and also considering the
facts and circumstances on the record and also discussing the relevant case laws of
Hon'ble Supreme Court presently holding the field, was pleased to grant ad-interim
temporary injunction in favour of the applicants and that the applicants herein have
been occupying the said plot of land measuring 6 Bighas 1 Katha 9 Lechas for last
50 years and the applicants have also applied for granting land patta under the
Vasundhara Scheme for the aforementioned plot of land and the applicants herein
are residing in the said plot of land and if the injunction order is stayed then the
applicants herein will be evicted from the suit land and they will be rendered
homeless and under such circumstances, Mr. Mahmud, contended to allow this
application and to vacate the order passed by this Court dated 11.12.2024.
8. Per contra, Mr. Rahman, learned counsel for the opposite party submits that
the plot of land for which the T.S. No. 42/2023, was instituted belongs to
Kuaripukhuri Senior Madrassa/new Kuaripukhuri High School and the same was
allotted to the aforementioned school and the Circle Officer, has issued a land
possession certificate in favour of the opposite party herein and also entered the
name of the school in the records of right and Jamabandi was issued in favour of
the school and that the applicants had also filed one writ petition being WP(C) No.
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7469/2022, is respect of the said plot of land and the same was disposed of by this
Court vide order dated 23.06.2023 and under such circumstances, the order dated
11.12.2024, passed by this Court staying the ad-interim temporary injunction order,
dated 02.11.2023, passed by the learned trial Court, requires no altercation or
modification at this stage, and that the suit is still pending before the learned trial
Court and the civil revision petition is also pending before this Court and therefore,
Mr. Rahman, has contended to dismiss this application.
9. Having heard the submissions of learned counsel for both the parties, I have
carefully gone through the application and the documents placed on record, and
also perused the impugned order dated 02.11.2023, passed by the learned trial
Court, in Misc.(J) Case No. 25/2023, and also the judgment and order dated
12.11.2023, passed by the learned first appellate Court, in Misc. Appeal No.
14/2023.
10. It appears that while granting stay of the impugned injunction order, vide
order dated 11.12.2024, this Court has taken note of the fact that the land
measuring 6 Bighas 1 Katha 9 Lechas belongs to the applicant school and that the
applicant school is running under the Govt. of Assam and the land belongs to the
school, and further, it has taken note of the fact that the applicants are
encroachers and they are not even a tenant under Section 3 (17) of the Assam
(Temporarily Settled Areas Tenancy, Act 1971) and as such, granting of temporary
injunction in favour of the applicants, amount to gross miscarriage of justice and
thereafter, the impugned order dated 02.11.2023, was interfered with.
11. Taking note of the submissions of learned counsel for both the parties, and
also considering the documents placed on records, especially copy of Jamabandi
annexed as annexure No.1 of the Civil Revision Petition at page No. 29, and also
considering the land possession certificate issued by the Circle Officer, Dalgaon
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Revenue Circle dated 05.12.2012, (Annexure-2), and also the order of this Court in
WP(C) No. 7469/2022, dated 23.06.2023, (Annexure-5), this Court is of the view
that no modification or altercation of the order dated 11.12.2024, is called for at
this stage.
12. Accordingly, this I.A. stands dismissed.
JUDGE
Comparing Assistant
