JUDGMENT :

APURBA SINHA RAY, J.

1. The instant appeal has been preferred against the order dated 04.04.2022 passed by the Learned Single Judge in WPA No. 16276 of 2021. The relevant factual matrix may be narrated as hereunder:

(a) The writ petitioner is one of the beneficiaries of Hafiz Jamaluddin Wakf Estate situated at 151, Rabindra Sarani, Kolkata-700073 (hereinafter ‘the said premises’ in short). As illegal construction was going on at the said premises, the Wakf Board issued a letter to the Commissioner of Police and on 26.11.2015 passed a resolution with certain directions upon the mutwallis. On or about 02.05.2016 a learned Single Judge passed an order on the writ application against the respondent nos. 5 and 6 being the muttwallis, restraining them from transferring any portion of the said premises. On or about 23.06.2016 the Kolkata Municipal Corporation issued notice purportedly under Section 401 for carrying out demolition work.

(b) The private respondents, that is, the joint mutawallis in violation of the sanctioned plan were carrying on unauthorized construction at the said premises which may be summarized herein-below:

“(i) Extension of RCC roof on the ground floor, 1st fl