Calcutta High Court (Appellete Side)
G (Sk. Haidar & Ors vs State Of West Bengal & Ors.) on 16 March, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
1
W. P. 6254 (W) OF 2017
16.03.2017
g (Sk. Haidar & Ors. -vs- State of West Bengal & Ors.)
. No.10
ourt no.13
Mr. Syed Nasirul Hossain - for the Petitioners
Mr. T. M. Siddiqui - for the State
Mr. S. Mohammadali - for the Respondent no. 4
Md. Hasanuz Zaman - for the Board of Wakfs The petitioners seek a direction upon the authorities to appoint the petitioners as Mutawalli of the Wakfs Estate.
The respondents are represented.
The learned advocate for the State relies upon (2010) 14 SCC 588 (Board of Wakf, West Bengal & Anr. -vs- Anis Fatma Begum & Anr.) and submits that, the petitioners have statutory alternative efficacious remedy under sections 83 and 84 of the Wakf Act, 1995. The petitioners not having availed such remedy and not having explained in the writ petition as to why the petitioners have not availed the remedy, the writ petition is not maintainable.
Anis Fatma Begum (supra) recognises that, Wakf Tribunal can decide all disputes, questions or other matters in whatever manner arising relating to wakf or wakf property. It is of the view that, the words used in section 84 of the Wakf Act, 1995 are of very wide connotation.
In the present case, the petitioners have not approached the Tribunal till date. They have not explained in the writ petition as to why they have not approached the Tribunal.
The petitioners have statutory alternative remedy available to them. 2 W. P. 6254 (W) of 2017 is dismissed without any order as to costs. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)