A suit challenging the assumption of charge of a Waqf Estate by the Board of Auqaf under Section 65(1) of the Waqf Act, 1995 is not maintainable before the Waqf Tribunal unless the plaintiff challenges the correctness, legality, or propriety of the Board's decision under Section 65(2) of the Act.

JUDGMENT :

Partha Sarathi Sen, J.

1. The instant revisional application as filed under Article 227 of the Constitution of India arises out of the judgement dated November 18, 2020 as passed in Suit No. 47 of 2016 by the Learned Auqaf Tribunal, West Bengal whereby and whereunder the said Tribunal by the impugned judgement dismissed the aforementioned suit. The plaintiff of the said suit felt aggrieved and thus, preferred the instant revisonal application.

2. For effective disposal of the instant revisional application the facts leading to filing of the Suit no.47 of 2016 before the said Tribunal is required to be dealt with in a nutshell.

3. It is the plaint case that one Murhum Pir Janab Habib Abdullah-Al-Attas had created Habib Abdullah Waqf Estate by a registered instrument and in terms of the said Waqf Deed, the Waqf Estate should have to be managed as per the Attasia Tarika in consultation with and in co-operation of the Murids of Murhum Pir Janab Habib Abdulla-Al-Attas. It is the further plaint case that the said Waqf Estate consists of 53 bighas of land and on account of mismanagement in administering the said Waqf estate by the then Mutwalli, the Waqf Board (hereinafter referred to as the said ‘Board’) had removed the then Mutwalli under Section 64 of the Wakf Act, 1995 (hereinafter referred to as the ‘said Act in short’) by a resolution of the said Board dated 17.06.2002 and that the said Board is still managing the said Waqf Estate. It is the further plaint case that after taking charge of the said estate, the said Board did not administer the said Estate as per the Waqf Deed and they are also not taking any advice or help of any Murid. It is the further plaint case that even after taking charge of the said Estate by the Board several thefts occurred in respect of the property of the said Estate and that the properties of the said Estate are not being looked after in an appropriate manner. It is the further allegation of the plaintiff before the said Tribunal that the said Board is also not taking any steps to recover the Waqf properties which is in possession of some illegal occupier. Finding the aforementioned illegality and irregularity, particulars of which are given in the plaint of the aforementioned suit, the plaintiff served a notice under Section 89 of the said Act requesting the defendant-Board and its Chief Executive Officer to handover the management of the said Waqf Estate to the plaintiff and on their failure to comply with the requisition of the said notice the plaintiff after the expiry of the statutory period have filed the said suit with the following prayers:-

“a. Leave under Order 1 Rule 8 of the Code of Civil Procedure to institute the instant suit together;

b. Declaration that the suit property is a Wakf-Al-Al-Aulad property having E.C No.2561 in the Register of Board of Auqaf, West Bengal;

c. Declaration that the Board of Auqaf, West Bengal , the defendant no.1 herein has no right to keep the said Wakf-Al-Al-Aulad Estate under Direct Management for indefinite period without handing over management to the lawful authority as per terms and conditions of the Deed of Waqf after the expiry of 5(five) years term as per Resolution dated 17.06.2002 without either further extending the term or appointing a new Mutwalli Committee after hearing all the interested parties related to the said Waqf Estate;

d. Direction upon the defendants to give accounts of income and expenses for the entire period of Direct Management under the Board since taking over charge in the year 2002 A.D. to the plaintiffs;

e. To release the charge of management of the said Waqf Estate within 3(three) months from the date of order by the Learned Waqf Tribunal;

f. Costs of the suit;

g. Any other appropriate order or orders as the Learned Tribunal may deem fit and proper.”

4. The said Board and its Chief Executive Officer as defendants duly entered their appearance before the Learned Tribunal in the said suit and filed their written statement de