Calcutta High Court (Appellete Side)
Sk. Abdul Wahed & Anr vs The State Of West Bengal & Ors on 29 September, 2011
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Present : The Hon'ble Mr Justice Jayanta Kumar Biswas
W.P.No.16206(W) of 2011
Sk. Abdul Wahed & Anr.
-vs-
The State of West Bengal & Ors.
Mr. Gautam Guria ....for the petitioners
Mr. Sahiduallah Munsi ...for the State
Heard on : September 29, 2011
Judgment on : September 29, 2011
The Court : The petitioners in this art.226 petition dated September 19, 2011 are
seeking the following principal relief:
"a) Issue a Writ in the nature of Mandamus Commanding the respondents
authorities, thei men and sub-ordinates and/or successors to recognize and/or to approve the petitioner No.2 as Mutawalli and/or to accord appointment in favour of the petitioner no.2 in the post of Mutawalli in respect of the Sukurullal Mahammad Wakf Estate, at Nilpur, within Police station - Nandigram, District- Purba Medinipur forthwith."
Advocate for the petitioners submits that since the Board has not passed any order considering the second petitioner's request for appointing him as a mutawalli of the wakf in question, the petitioners, not entitled to approach the Tribunal, are entitled to approach the High Court under art.226.
In view of the decision of the Supreme Court in Board of Wakf, West Bengal v. Anis Fatma Begum & Anr., (2011) 1 WBLR (SC) 308 this petition is just not maintainable. For moving the Tribunal, as held by the Supreme Court, no order of the Board is necessary. No petition under art.226 can be filed concerning any wakf or wakf property. Remedy if, any, is before the Tribunal established under s.83 of the Wakf Act, 1995.
For these reasons, the petition is dismissed. No costs. Certified xerox. (Jayanta Kumar Biswas, J) sb