7 Nasimul Haque @ Rinju & Anr vs The Board Of Auqaf West Bengal & Ors
2022 Latest Caselaw 7089 Cal

13 27.09. C.O. 2980 of 2022 AG 2022 M Ct 07 Nasimul Haque @ Rinju & Anr Vs The Board of Auqaf West Bengal & Ors

Mr. Abdul Hadi, Mr. Shamik Bagchi, ... For the petitioners.

Petitioners furnish affidavit of service. Let the

same be taken on record.

While assailing the impugned judgment dated 4th

August, 2022 passed by Waqf Tribunal in eviction case

no. 02 of 2022, Mr. Abdul Hadi, learned advocate

appearing for the petitioners, submits that the Board of

Waqf West Bengal has erroneously described the

petitioners to be encroachers in respect of the Waqf

premises, pertaining to Sabujan Bibi Waqf Estate,

following which the Waqf Tribunal in eviction case No.

02 of 2022 has endorsed the same, permitting eviction

to be effected in respect of the premises under

possession of the petitioners.

The fundamental challenge of the petitioners is

against the assessment of the Waqf Board holding the

petitioners to be encroachers, following which the

eviction order has been there, passed by the Waqf

Tribunal.

The issue needs to be gone into touching upon the

merits of the case.

In the meantime, no eviction be effected

pertaining to the premises, allegedly held by petitioners

with respect to Sabujan Bibi Waqf Estate till the end of

November, 2022, or until further order, whichever is

earlier.

Petitioners are directed to serve the copy of the

application upon the opposite parties and their learned

advocate appearing in the Court below, by speed post

with A/D, and furnish affidavit of service on the next

returnable date.

List the matter after Puja vacation.

(Subhasis Dasgupta, J)