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2022 Supreme(Cal) 1360

PARTHA SARATHI SEN
Sk. Rahmatullah – Appellant
Versus
Board of Auqaf West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Md. Nauroz Rahber, Mohammad Jawwad.
For the Respondents: Md. Galib, Tanwishree Mukherjee, Sumit Kumar Ray, Munshi Ashiq Elahi.

JUDGMENT :

PARTHA SARATHI SEN, J.

1. The present revisional application under Article 227 of the Constitution of India, read with Section 83(9) of the Waqf Act, 1995 (hereinafter referred to as the said Act), arises out of the Judgment dated 09.09.2019, as passed by Learned Waqf Tribunal, West Bengal in O.A. No. 4/2017 whereby and whereunder the said tribunal by the impugned judgment has been pleased to dismiss the petitioner’s application under Section 83(2) of the said Act challenging the Resolution dated 31.08.2016 as passed by Board of Auqaf. The petitioner felt aggrieved and thus, preferred the instant revisonal application.

2. In order to dispose of the instant revisional application fairly and effectively the facts leading to filing of O.A No. 4 of 2017 before the Learned Tribunal are required to be discussed in a nutshell.

3. By executing three deeds of Waqf, one Sk. Amanatullah of 34/1, Watgunge Street, P.S. Watgunge, Khiderpore, Kolkata-700 023 appointed himself as Mutawalli of the said Waqf and it was directed that after his death, his wife would be the Mutawalli and after the death of his wife, the eldest male member in the line of decedents born of womb of the said wife sh

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