All matters pertaining to wakfs should be filed in the first instance before the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995 and should not be entertained by the civil court or by the High Court straightaway under Article 226 of the Constitution of India, unless there is a violation of fundamental rights, principles of natural justice, or constitutional validity of legislation.

JUDGMENT

Prakash Shrivastava, CJ. - By this intra-court appeal, respondents (Board of Wakf and CEO of the Board of Wakf) have challenged the order of the learned Single Judge dated 23rd of December, 2021 whereby WPO 1500 of 2021 filed by the writ petitioners (respondent no. 1 and 2 herein) has been disposed of with a direction to the appellant to dispose of the request of the respondent no. 1 for appointment of the respondent no. 2 as Mutawalli in the wakf estate within the specified time.

2. The respondent nos. 1 and 2 (writ petitioners) had filed the writ petition with the plea that the respondent no. 1 was the sole Mutawalli of a private wakf, namely, Amjad Ali Wakf Estate and that respondent no. 1 vide letter dated 4th of December, 2020 as well as reminder dated 17th of March, 2021 had requested the appellants to record the name of respondent no. 2 as joint Mutawalli. The said applications remained pending, hence, the writ petition was filed seeking a direction to the appellants herein to record the name of the respondent no. 2, along with the respondent no. 1, as joint Mutawalli.

3. Learned Single Judge by the order impugned has directed the appellants to dispose of the pending application for appointment of respondent no. 2 as Mutawalli of the wakf estate within two months.

4. Learned counsel for the appellants has submitted that no direction ought to have been issued by the learned Single Judge to the appellants to decide the pending application because inaction of the appellants also furnishes a ground to approach the Tribunal under Section 83 of The Waqf Act, 1995 (for short, 'the Act') and there was no reason to bypass this remedy. In support of his submission, learned Counsel for the appellants has placed reliance upon the judgment of the Hon'ble Supreme Court in the matter of Board of Wakf, West Bengal and Another vs. Anis Fatma Begum and Another reported in (2010) 14 SCC 588. Learned counsel for the appellants has also referred to the decision of the other Single Benches of this Court dated 19th of April, 2011 in WP No. 6923(W) of 2011 in the matter of Musst. Hazera Khatoon and Anr. vs. The State of West Bengal and Anr. and dated 27th of November, 2019 in WP No. 21341(W) of 2019 in the matter of Sahebzada Md. Shahid Alam alias S.M. Shahid Alam vs. The State of West Bengal and others, wherein following the judgment in the matter of Anis Fatma Begum (supra), a view has been taken that in case of inaction on the part of Wakf Board in deciding the representation, the remedy is under Section 83 of the Act.

5. Learned counsel for the respondents has submitted that considering the circumstances of the case and age of the respondent no. 1, the direction has rightly been issued.

6. We have heard the learned counsels for the parties and perused the record.

7. It is noticed that the respondent no. 1 had approached the Writ Court with the plea of inaction on the part of the appellants in deciding her application for recording respondent no. 2 as joint Mutawalli. Section 83 of the Act provides for constitution of the Wakf Tribunal for determination of any dispute, question or other matter relating to wakf or wakf property. Section 84 of the Act provides that whenever an application is made to a Tribunal for determination of any dispute, question or other matter relating to wakf or wakf property, it will hold its proceedings as expeditiously as possible and take a decision. Hon'ble Supreme Court in the matter of Anis Fatma Begum and Another (supra) has considered the scope of Sections 83 and 84 of the Act and has held that:

'7. The dispute in the present case relates to a wakf. In our opinion, all matters pertaining to wakfs should be filed in the first instance before the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995 and should not be entertained by the civil court or by the High Court straightaway under Article 226 of the Constitution of India. It may be mentioned that the Wakf Act, 1995 is a recent parliamentary s