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2023 Supreme(Cal) 113

MOUSHUMI BHATTACHARYA
Professor Syed Haider Hassan Kazimi – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rauf Rahim, Mr. Ali Azgar Rahim, Ms. Ankita Choudhury, Mr. Tanvir Hussain, Mr. Sattik Rout.
For the Respondents: Mr. T.M. Siddiqui, Mr. Suddhadev Adak, Mr. Abhrajit Mitra, Mr. Arif Ali, Mr. Yusuf Ali Mirza.

JUDGMENT :

(Moushumi Bhattacharya, J.)

1. The petitioners seek a writ or a direction in the nature of Certiorari for quashing a Notification dated 28.1.2022 and an order dated 27.7.2022 passed by the respondent no.1, State of West Bengal, Minority Affairs and Madrasah Education Department, nominating the private respondent no.2 as a member of Board of Waqf as a recognised Scholar of Islamic Theology belonging to the Shia Sect. The adjudication in this judgment is restricted to an application made by the petitioners for amendment of the writ petition for insertion of a prayer for a writ of Quo Warranto.

2. Learned counsel appearing for the respondent no.2 took an objection on the locus standi of the petitioners at the time of moving the writ petition on the ground that the petitioners are not persons aggrieved, whereupon learned counsel appearing for the petitioners prayed for leave to file an application for amendment of the prayers in the writ petition. Learned counsel appearing for the State supports the private respondent.

3. The application for amendment -CAN 1 of 2022 -seeks to insert a prayer seeking issuance of a writ or order/direction in the nature of Quo Warranto directing

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