JUDGMENT :

(Moushumi Bhattacharya, J.)

1. The petitioners seek quashing of a Notice issued by the respondent no. 2 Waqf Board under section 54 of The Waqf Act, 1995. The impugned Notice dated 17.3.2022 seeks removal of an alleged encroachment made by the petitioners. The Board issued a second Notice dated 18.11.2022 also for removal of the encroachment. The petitioners filed a supplementary affidavit against a Notice dated 27.4.2023 issued by the Board under section 54 of the Act.

2. The petitioners claim to be in possession of the property, which is a subject matter of the impugned notices, for more than 100 years by virtue of a lease granted in favour of the petitioners. The petitioners say that the petitioners made several constructions on the property under the said lease. The grievance of the petitioners arises from the impugned notices issued under section 54 of the Act and learned counsel appearing for the petitioners submits that a Suit for eviction filed by the Mutawalli is pending before the Civil Court at Sealdah and the petitioner no. 1 is contesting the said Suit.

3. Counsel submits that the principal ground taken in the application filed by the petitioner no. 1 for dis