15.12.2025 Ct. No. 06 Sl. No.76 skg C.O. No. 3799 of 2025 Abu Zafar Rahman Vs.

M.S. Jamaluddin & Ors.

Mr. Md. Shah Minhajuddin, Mr. Md. Mohiuddin, …..for the petitioner Mr. K. A. Rahman, ….for the opposite party no.1 Mr. D. Mukherjee, Ms. P. Jana …for the opposite party no.4

1. The petitioner is the defendant no.1 in suit no.20 of

2023. The opposite party no.1 as plaintiff filed a suit for declaration and injunction. The prayers are quoted below:

a) For a decree of declaration that the suit property is the Waqf property.

b) For a decree of declaration that the plaintiff has all the rights to hold and/or manage the suit property being the descendant of the waqif as well as the mutwalli of the waqf estate in question as per terms of the wagfnama.

c) For a decree of declaration that the defendant no

1 has no right title and interest in respect of the suit properties by any manner.

d) For a decree of Permanent Injunction against the defendant no 1 and/or their men, agents, servants, staff, employees and/or any of them from making any unauthorized construction over the suit property in question in any manner whatsoever without prior permission of the Board of Auqaf as well as the mutwalli;

e) For a decree of Permanent Injunction against the defendant no 1 and/or their men, agents, servants, staff, employees and/or any of them from interfering in to the suit properties in question in any manner whatsoever.

f) For all costs of suit, and g) For any other relief or reliefs and plaintiffs are entitled to in law and acuity.

2. Along with the plaint, various documents were annexed which would indicate that it was the specific case of the mutwalis that the tenant who had been declared to be thika tenants by the thika controller were raising conscrution on the property. The first prayer is for declaration that the suit property is a waqf property. Although there is an admission that there are thika tenants on the property and the property was a thika land, the suit was filed.

3. Under such circumstances, the suit prima facie appears to be barred by law. The learned tribunal did not consider this aspect at all. Powers of a civil court to decide issues relating to waqf property has now vested in the waqf tribunal. The civil courts jurisdiction is barred. However, the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 bars the jurisdiction of any civil court to either decide or deal with any question or determine any matter which by or under the Act was required to be or had been decided by the Thika Controller.

4. There shall be stay of further proceeding in suit No. 20 of 2023. It is submitted that no construction is going on at present. No construction will be permitted on the property, till the disposal of the revisional application.

5. Let the matter appear on Monthly List of January, 2026.

6. There shall be no order as to costs.

7. Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)