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2011 Supreme(Cal) 361

JYOTIRMAY BHATTACHARYA
Delanipur Mosque & Madarasa Committee – Appellant
Versus
The Lieutenant Governor – Respondent


Advocates Appeared:
For the Petitioner:Mrs. Anjili Nag, Advocate.
For the Respondent: R1 & R2, Mr. S.K. Mandal, 3 to 8:Mr. G.B. Kumar, Advocates.

JUDGMENT :-

Jyotirmay Bhattacharya, J.

The petitioners were the members of the Managing Committee of Delanipur Mosque and Madarasa Committee which was superseded by the Wakf Board. The petitioners have filed this writ petition challenging the order of supersession of the said committee passed by the Wakf Board. They have also challenged the legality of constitution of the present Wakf Board which passed the impugned order of supersession of the said committee. The said order of supersession was notified in the newspaper on 2nd June, 2010 by the Lt. Governor, A & N Islands.

The petitioners complained that reasonable opportunity of hearing was not given to them before superseding the Managing Committee of the said Wakf though Section 67 (2) of the said Act, contemplates that such committee cannot be superseded without giving reasonable opportunity of hearing to them. Be that as it may, this Court will have to consider as to how far the petitioners can challenge the propriety of the said order in the writ jurisdiction of this Court, in view of Section 67(4) of the said Act. Sub-section (4) of Section 67 of the said Act provides that any order made by the Board under Subsection (2) of











































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