JUDGMENT :

T.S. Sivagnanam, C.J.

1. We have heard Mr. Utpal Bose, Learned Senior Advocate assisted by Mr. Abir lal Chakraborty, Mr. Sheikh Afazuddin and Mrs. Sonali Ghosh Basu, advocates appearing for the appellant and Md. Salauddin, assisted by Mr. Md. Ahsanuzzaman and Md. Raziuddin advocates appearing for the Board of Waqf and Mr. Rauf Rahim, Learned Senior Advocate assisted by Mr. Aliasghar Rahim, Ms. Ankita Chowdhury, Mr. Ali Rahim, Mr. Tanmay Mukherjee and Ms. Manisha Das, advocates appearing for the Respondent No. 5.

2. The unsuccessful writ petitioners M/s. Hooghly Building and Investment Company Limited and another are the appellants in this appeal being aggrieved by the order passed by the Learned Single Bench dated 09.06.2023 dismissing the writ petition filed by them in WPO No. 25 of 2023. The appellant sought for issuance of a writ of mandamus to quash the notices dated 17.03.2022 and 18.03.2022 issued by the Chief Executive Officer, Board of Auqaf, West Bengal under Section 54 of the Waqf Act, 1995 (hereinafter referred to as the Act) and the consequential enquiry notice issued by the Chief Executive Officer dated 18.11.2022.

3. In the show cause notice, it was stated that