Aga Md. Arshad vs Board Of Wakfs
2022 Latest Caselaw 1023 Cal

07.03.2022 Item No.03 Court No.18 AJ.

C.O. 3806 of 2014

Aga Md. Arshad

-Vs-

Board of Wakfs, West Bengal & Ors.

Mr. Tanmoy Mukherjee, Md. Nauroz Rahber, Ms. Anjana Mehebub, Mr. Souvik Das, Mr. Rudranil Das.

....for the petitioner.

Sk. Md. Galib, Mr. Abu Siddique Mallik.

.....for the Board of Auqaf. Mr. Ziaul Islam.

....for the opposite party nos. 3 and 4.

The revisional application under Article

227 of the Constitution of India is directed against

the judgment and order dated April 10, 2014

passed by the Wakf Tribunal, West Bengal at

Kolkata in O.A. No. 03 of 2011.

The petitioner as well as opposite party

No. 3 and 4 applied for being appointed as the

Mutwalli of 'Aga Mahammad Musa Wakf Estate'.

The C.E.O. of the Board of Waqf by his

order dated July 26, 2010 dismissed the

application of the petitioner but allowed the

application of the opposite party no. 3 and 4.

The father of the petitioner, the erstwhile

Mutwali of the said waqf Estate professed

Christianity was the ground on which the prayer

of the petitioner was turned down.

The Board confirmed the said order of

C.E.O. by its resolution dated September 22,

2010.

The petitioner assailing the said order of

C.E.O and confirmation thereof by the Board,

filed an application before the Waqf Tribunal

West Bengal under Section 83 (2) of the Waqf Act,

1995 being OA No. 03 of 2011.

The Tribunal by the order impugned has

dismissed the said application.

The C.E.O. is not justified in refusing the

prayer of the petitioner for his appointment as

Mutwali in the said Waqf Estate on the ground

that his father, the erstwhile Mutwali of the said

Waqf Estate professed Christianity inasmuch as

religion of a person is not of much importance to

hold the office of Mutwali in any Waqf Estate

unless contrary intention of the Wakif can be

gathered from the waqf deed.

The order impugned as well as the order of

the C.E.O dated July 26, 2010 and the resolution

of the Board confirming the said decision of the

C.E.O are therefore set aside.

The application of the petitioner and the

application of the opposite party nos. 3 and 4 are

required to be considered afresh.

The Board of Waqf, West Bengal is

directed to reconsider the said applications on the

basis of the Waqf deed and other relevant

materials. Needless to say that desire of the Wakif

shall be the paramount consideration in deciding

those applications.

The Board is required to dispose of the

said applications as expeditiously as possible.

C.O. 3806 of 2014 is disposed of with the

above terms without any order as to costs.

Urgent photostat certified copy of this

order, if applied for, be supplied to the parties

subject to compliance with all requisite

formalities.

(Biswajit Basu, J.)