Court disposed of writ petition allowing petitioner to approach Wakf Tribunal under Section 83 of Waqf Act, 1995, for determination of Mutawalliship, directing Tribunal to dispose of application expeditiously.
Petitioner directed to approach Wakf Tribunal under Section 83 of Waqf Act, 1995; issuance of copy of decision expected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
12.12.2022 sayandeep Sl. No. 26 Ct. No. 05
WPA 15776 of 2022
Ismat Ara & Ors. -VersusThe Board of Wakfs & Ors.
Mr. Tanmoy Mukherjee Mr. Gour Baran Sau
….. for the petitioners
Mr. Sk. Md. Galib Ms. Subhra Nag
….for the State Mr. Sundar Gopal Bhattacharyya Mr. Gaurab Ghosh
…..for the respondent Nos. 1 & 2
The short question in this writ petition is whether an application for appointment of Mutawalliship made by the petitioner before the Board of Auqaf on 10th March, 2022 can be disposed of by directing the Board to consider and dispose of the representation made by the petitioner.
This question was decided by a Division Bench presided over by the Hon’ble the Chief Justice in a Judgment dated 27th September, 2022. The said Judgment arose from an appeal filed by the Board of Auqaf from a coordinate Bench decision by which the coordinate Bench directed the Board to dispose of the application made by the petitioners for appointment of one of the petitioners as Mutawalli of the Wakf Estate within a specific time frame. The Division Bench set aside the order of the coordinate Bench with liberty to
2
the petitioners to file appropriate application before the Wakf Tribunal under Section 83 of The Waqf Act,1995.
The Judgment of the Division Bench was passed in a matter which is almost identical to the present writ petition. In any event, Section 83(1) of the Act empowers Tribunals to determine any dispute, question or matter relating to Wakf or Wakf property including eviction of a tenant or determination of rights and obligations of the lessor and lessee of such property. Section 83 provides a complete answer to the petitioner for adjudication of the issue raised in the writ petition.
WPA 15776 of 2022 is disposed of with liberty to the petitioner to approach the Wakf Tribunal under Sections 83(1)&(2) of the Act for determination of the question of Mutawalliship of the Wakf Estate. It is expected that the Wakf Tribunal shall dispose of the application, if made by the petitioner, within a reasonable period of time from receiving of the application. It may be noted that Section 84 of the Act mandates that the Tribunal shall hold proceedings as expeditiously as possible and give its decision in writing and furnish a copy of such decision to each of the parties to the dispute for determination of any of the questions relating to the Wakf property.
(Moushumi Bhattacharya, J.)
2 issues framed by the court
Whether a writ petition regarding appointment of a Mutawalli can be decided by directing the Board to consider the petitioner's representation.
Whether the petition has信息显示 availability for adjudication under Section 83 of the Waqf Act.
4 provisions across 1 enactments
Ismat Ara & Ors.
The Board of Wakfs & Ors.
Moushumi Bhattacharya
Chief Justice
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
