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2022 Supreme(Cal) 282

MOUSHUMI BHATTACHARYA
Sammiwara Begum – Appellant
Versus
Chairman, Board Of Wakf (auqaf) West Bengal – Respondent


Advocates appeared:
Mr. Subir Sanyal, Adv. Mr. Sanat Kumar Biswas, Adv. Md. Karim Warsi, Adv., for the Appellant; Sk. Md. Galilb, Sr. Adv. Ms. Tanwishee Mukherjee, Adv., Mr. Sumit Kumar Ray, Adv. Mr. Iftekar Munshi, Adv., Mr. Munshi Ashiq Elahi, Adv., Mr. Surajit Saha, Adv., Mr. Washim Ahmed, Adv., for the Respondent

JUDGMENT

Moushumi Bhattacharya, J. - The petitioner has challenged a resolution of the Waqf Board dated 9.11.2021, confirmed on 29.12.2021 and seeks quashing of the same. The petitioner claims to be the erstwhile Mutawalli of the Waqf Estate. The petitioner and two other applicants being the respondent no. 3 and one Asraf Ali, sought for being appointed Mutawalli of the Waqf Estate. By the impugned resolution, the petitioner was removed from the post of Mutawalli and her claim for the said position was rejected on the ground of allegations made against the petitioner by one Azhar Sarkar and one Sabbir Ahmed.

2. The respondents before the Court are the Waqf Board, the respondent no. 3 who is the present Mutawalli and respondent no. 4, one Mobinul Haque who also claims to be affected by the Enquiry Report furnished to the Board before the impugned resolution.

3. The Board and the respondent no. 3 (the present Mutawalli) take a point of maintainability which is first being answered.

4. According to the answering respondents, the writ petition is not maintainable since the petitioner can avail of the efficacious alternative remedy of approaching the Tribunal as defined under section 3(q) o

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