OD-1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/259/2024 MEHBOOB ALAM VS STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon’ble JUSTICE SOUMEN SEN AND The Hon’ble JUSTICE SMITA DAS DE Date : 25th April, 2025.

Appearance:

Sk. Md. Galib, Adv.

Mr. Abu Siddique Mallik, Adv.

...for the Board of Waqf, West Bengal (respondent nos.2 and 3).

1. The following question has been referred to a larger Bench presided over by one of us (Soumen Sen, J.) for answer.

2. The following question is as under:

“In the event a designated Tribunal under a particular statute is not functioning, whether the alternative remedy of going before such Tribunal provided in such statute operates as an absolute bar to the Writ Court invoking its powers under Article 226 of the Constitution of India.

3. The reference was made in view of an order passed by a learned Single Judge in W.P. No.6923(W) of 2011 (Musst. Hazera Khatoon & Anr. – vs.- The State of West Bengal & Anr.) decided on 19th April, 2011. Both the matters are arising out of the interpretation of Section 83 of the Waqf Act, 1995. In Musst. Hazera Khatoon & Anr. (supra), the writ petitioner approached the learned Single Ju