Syed Tahseen Huq And Another vs Nurul Hasan And Another
2023 Latest Caselaw 6571 Cal

September 27, 2023 Sl. No.22 Court No.19 s.biswas CO 1214 of 2022 With CAN 3 of 2023 CAN 4 of 2023 CAN 5 of 2023

Syed Tahseen Huq and another vs.

Nurul Hasan and another

Mr. Jishnu Chowdhury Mr. Tarique Quasimuddin Mr. Abbas Ibrahim Khan ... for the petitioners Mr. Sk. Md. Galib Mr. Abu Siddique Mallik ... for the Board of Auqaf Mr. Sujit Banerjee Ms. Sayanti Nandy ... for the opposite party no.1 Mr. Ashok Banerjee, Sr. Adv.

Mr. Dipayan Kundu Mr. Rohit Banerjee ... for Bilquis Jaha/applicant in CAN 4 of 2023

In re: CAN 4 of 2023

Affidavits-in-opposition filed by the opposite

party no.1 and the petitioners are taken on record.

Let affidavit-in-reply to the said oppositions be

filed within October 18, 2023.

Let the application appear along with the

revisional application after the ensuing puja

vacation.

In re: CAN 5 of 2023

This application has been filed by the

petitioners. The same is available with the records,

but has not been listed. The application is taken up

with the consent of the parties and treated to be as

on day's list.

The petitioners, pray for stay of the Auqaf

Board's resolution dated August 31, 2023.

By the order dated August 31, 2023, the Board

of Auqaf directed that the names of Syed Tahseen

Huq and Arifur Rahman, be struck off from the

Auqaf register as mutawallis in respect of the Boo Ali

Waqf Estate. It was further resolved that as per the

direction of the learned Waqf Tribunal as also the

Hon'ble High Court, the applications of Nurul

Hasan/opposite party no.1 dated November 24,

2016, August 30, 2017, November 22, 2018 and

February 4, 2019 praying for being appointed as sole

mutawalli of the waqf estate, be fixed for hearing.

This court is of the view that the application has

been filed praying for such orders, which were

refused on an earlier occasion by a Co-ordinate

Bench. Stay of the judgment and order of the

tribunal dated April 18, 2022 passed in O.A. 14 of

2021, was prayed for in C.O. 1214 of 2022.

By an order dated February 8, 2023, a Co-

ordinate Bench of this court, while deciding the

prayer for stay in C.O. 1214 of 2022 and CAN 2 of

2023, observed and clarified that if the required

exercise of consideration of the representation of

Nurul Hasan/opposite party no.1 was taken by the

Board, the Board could continue with such process,

but ultimate effect would not be given to the said

decision of the Board. Thus, the fact that the Board

of Auqaf had proceeded by striking off names of the

petitioners from the Auqaf register, is not contrary to

the order passed by this court. Rather, the court

allowed the Auqaf Board to continue, but the only

restriction that was passed was not to give effect to

the ultimate decision with regard to the applications

of Nurul Hasan.

It appears that a date has been fixed on October

5, 2023 for consideration of the representation of

Nurul Hasan. The petitioners have also been given

an opportunity to place all relevant orders passed by

the learned City Civil Court, before the Board while

considering representation of Nurul Hasan.

Thus, this court does not find any reason to

stay the order dated August 31, 2023, passed by the

Auqaf Board. As per the direction of this court, at

the time of consideration of Nurul Hasan's

representation, the petitioners can produce their

relevant documents as already allowed by order

dated February 8, 2023.

As no affidavits have been called for, the

applications against the Board are deemed to be

denied.

CAN 5 of 2023 is dismissed.

In re: CAN 3 of 2023

This is an application for additional interim

orders of stay of operation of the judgment and order

dated April 18, 2022, passed by the Auqaf Tribunal

in O.A. 24 of 2021. Such application has been filed

for further interim protections in view of subsequent

proceedings initiated before the Hon'ble Division

Bench. Orders of assessment of the property by the

Kolkata Municipal Corporation, was challenged by

the petitioners in two writ petitions.

Bilquis Jahan, (sister of Nurul Hasan, who has

filed an application for addition of party in this

proceeding), sought to intervene in the writ

proceedings. The application was rejected. Aggrieved

by the rejection of such application, Bilquis preferred

the mandamus appeal.

This court is of the view that the cause of action

and the lis involved in the mandamus appeals do not

have any relevance to the proceeding pending before

this Court. The prayer for stay of the operation of the

judgment and order of the learned Auqaf Tribunal

was already rejected by the learned Co-ordinate

Bench with some protection to the petitioners to the

effect that in case the representations of Nurul

Hasan/opposite party no.1, praying for being

appointed as the sole mutuwalli is finally decided by

the Board, final effect to such decision would not be

given. The petitioners were also allowed to

participate in such hearing.

Under such circumstances, no further

protection can be given to the petitioners as the

situation has not changed insofar as the present lis

is concerned. Accordingly, CAN 3 of 2023 is

disposed of.

In re: C.O. 1214 of 2022

Affidavits-in-opposition to C.O. 1214 of 2022

filed by the opposite party no.2 and the opposite

party no.1 are taken on record.

Let the matter appear after vacation, retaining

its position in the list.

Affidavit-in-reply be filed by the petitioners in

the meantime.

On the next date of hearing, the application for

addition of party being CAN 4 of 2023, will be heard

first, thereafter the revisional application shall be

heard.

(Shampa Sarkar, J.)