IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Mozibur Rahman Miah And

Mr. Justice Md. Bashir Ullah

Civil Revision No. 5541 of 2003

IN THE MATTER OF:

An application under Section 115(1) of the Code of the Civil Procedure.

And

IN THE MATTER OF:

Md. Golam Rabbani

...Respondent No. 4- Petitioner

-Versus- Md. Yasin Ali and others

... Appellant-Opposite parties. None appeared for either party.

Judgment on: 20.08.2024

Md. Bashir Ullah, J

At the instance of the petitioner in E.C. No. 15769, this Rule was issued calling upon the opposite parties to show cause as to why the judgment and order dated 13.10.2003 passed by the learned Additional District Judge, Second Court, Dinajpur in Miscellaneous Appeal No. 75 of 2000 allowing the appeal and reversing order dated 06.09.2000 passed in E.C. No. 15769, Bibiran Nessa Waqf Estate, Kaharol, Dinajpur by the Deputy Administrator of Waqf (1) for Bangladesh, removing the opposite party No.1 from the

post of Mutawalli under section 32(1) of the Waqf Ordinance, 1962 appointing Upazilla Nirbahi Officer, Kaharol, Dinajpur as official Mutawalli under Section 44 of the Waqf Ordinance, 1962 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.

At the time of issuance of the Rule, this Court also stayed the operation of the judgment and order dated 13.10.2003 in Miscellaneous Appeal No. 75 of 2000 passed by the learned Additional District Judge, Second Court, Dinajpur for a period of 4(four) months, which was subsequently extended from time to time and it was lastly extended on 29.11.2005 till disposal of the Rule.

Facts relevant for the disposal of the Rule are:

The Waqf Administrator, Bangladesh appointed the appellant-opposite party No.1 as Mutawalli for a period of 3(three) years with effect from 22.11.1994 as well as approved a managing committee consisting of 11 members for the greater interest and smooth administration and management of Waqf Estate contained in E.C. Case No. 15769, Bibiran Nessa Waqf Estate.

The opposite party No.1 without complying with the direction given by the Waqf Administrator used the Waqf Estate for his own interest and misappropriated the income of Waqf Estate without showing accounts of income and expenditures to the managing committee. He failed to hand over the charges and the responsibility of the Waqf Estate to the managing committee violating the decision of the Waqf authority. Then notice was served upon him on several occasions for handing over charge of the Waqf Estate to the managing committee but he did not take any step nor he appeared in any meeting called by the managing committee. Thereafter, the Union Parishad Chairman sent notices for three times but the Mutawalli did not receive the notices and attend the meeting. For such non-cooperation of opposite party No.1, a meeting of the managing committee was held on 08.01.1995 and in the meeting, it was decided that, since the opposite party No.1 has not provided proper accounts and cooperate the managing committee so he (Mr. Md. Yasin Ali) be removed from the post of Mutawalli. It was further resolved that, the said resolution will be sent to the Waqf Administrator requesting it to appoint an auditor to examine the accounts of the Waqf Estate and to take necessary steps. In view of the above facts and circumstances, the Assistant Secretary i.e. the present petitioner and the President of Coatgaon Old Jame Mosque submitted an application to the

Accordingly, the managing committee on 10.01.1995 sent an application along with the resolution dated 08.01.1995 taken by the managing committee of Bibiran Nessa Waqf Estate to the Waqf Administrator. Upon receipt of the resolution, the Waqf Administrator then appointed an auditor who visited the Waqf Estate and m