SHEKHAR B. SARAF, J.

1. This is an application filed under Article 226 of the Constitution of India challenging the judgment and order dated December 22, 2016 passed by the West Bengal Land Reforms and Tenancy Tribunal (hereinafter referred to as the “Learned Tribunal”) in O.A No. 1633 of 2014 (LRTT) (Sash Hazari Wakfs Estate vs. State of West Bengal and Others).

2. This writ petition has been filed by the writ petitioner being the Board of Wakf, West Bengal challenging the very jurisdiction of the Learned Tribunal. The petitioner had also challenged the same before the learned Tribunal.

3. The writ petition before the Learned Tribunal had arisen out of the impugned order dated January 31, 2014 passed by the Land Reforms Commissioner, West Bengal rejecting the case of the respondent no. 7 to cancel the long term settlement granted in favour of the respondent no. 8. The case of the respondent no. 7 before the Learned Tribunal was that the Land Reforms Commissioner, West Bengal had upheld the long term settlement in favour of respondent no. 8 without considering the fact that the land could not be vested under any circumstances and in fact there was no trace of the vesting order passed in any proceeding and as such the said vesting would be presumed to be non-est in the eyes of law. The respondent no. 7 in O.A No. 1633 of 2014 had further contended that there was no automatic vesting as per law. Furthermore, no possession was taken under sub-Section (2) of Section 10 of the West Bengal Land Acquisition Act, 1953, (hereinafter referred to as the “said Act of 1953”) and as such the State was not entitled to lease out the land in question. Several other grounds were taken in the said Original Application. The Learned Tribunal considering all the materials before it had dismissed the Original Application after passing an order on the merits of the case. The respondent no. 7 filed a writ petition before this Court challenging the said order dated December 22, 2016.

4. The writ petitioner herein being the Board of Wakf, West Bengal challenged the application made before the Learned Tribunal as well as the order passed by the Learned Tribunal on the ground that the Learned Tribunal had no authority whatsoever to pass any order in relation to Wakf properties and any dispute in relation to the same would have to be contested before the Learned Tribunal set up under the Wakf Act, 1995 (hereinafter referred to as “Wakf Tribunal”).

5. Mr. Sk. Md. Galib, Advocate appearing on behalf of the writ petitioner placed heavy reliance on three sections of the Wakf Act, 1995 (hereinafter referred to as the “Wakf Act”) being Section 83, Section 85 and Section 108A. The relevant sections are reproduced below:

“Section- 83

Constitution of Tribunals, etc.-[(1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under this Act and define the local limits and jurisdiction of such Tribunals.]

(2) Any mutawali or person interested in a [waqf] or any other person aggrieved by an order made under this Act, or rules made there under, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the [waqf].

(3) Where any application made under sub-section (1) relates to any [waqf] property which falls within the territorial limits of the jurisdiction of two or more Tribunals, such application may be made to the Tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis of the [waqf] actually and voluntarily resides, carries on business or personally works for gain, and, where any s