Sayyad Abdur Rahman Barkati vs The Board Of Wakf
2023 Latest Caselaw 6540 Cal

26.9.2023
   ks                       WPA 14862 of 2023
 sl. 40
                    Sayyad Abdur Rahman Barkati
                                 Vs
                  The Board of Wakf, West Bengal & Ors.

            Mr. Mahamudul Hassan
                         ... For the Petitioner.
            Md. Salahuddin,
            Md. Ahsanuzzaman,
            Mr. Raziuddin
                          ... For the Wakf Board.



                  Heard learned Advocates appearing for the parties.

                  This writ petition has been filed by the petitioner

            being aggrieved by the alleged inaction on the part of

            the     respondents/Wakf     Board    in   considering     his

application for recording his name as Mutwalli in

respect of Wakf estate in question.

Learned Advocate appearing for the Wakf Board

opposes this writ petition by contending that the writ

petition is not maintainable and the appropriate forum

for redressal of his grievance is the Wakf Tribunal by

relying on a judgment of the Hon'ble Supreme Court in

the case of Board of Wakf, West Bengal vs. Anis Fatma

Begum & Anr. reported in (2010) 14 SCC 588 and

Section 83 of the Waqaf Act, 1995.

Considering the aforesaid provision of law and

judgment of the Hon'ble Supreme Court I am of the

considered view that this writ petition is not

maintainable against the alleged grievance and the

appropriate authority for redressal of such grievance is

the Wakf Tribunal which the petitioner may avail in

accordance with law and shall be at liberty to take all

the points raised in this writ petition before the said

Tribunal.

With this observation and direction this writ

petition being WPA 14862 of 2023, is disposed of on

the ground of availability of alternative remedy.

( Md. Nizamuddin, J. )