20.03.2025 A. Bhar IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL APPLICATION APPELALTE SIDE C.O. 1153 of 2020 CAN 1 of 2020 (Old No: CAN 4430 of 2020)

CAN 2 of 2020 CAN 3 of 2021 CAN 4 of 2021 CAN 5 of 2024 Ziaul Haque -Versus-

Board of Auqaf & Anr. Mr. Anujit Mookherjee, Mr. Prithish Chandra, …for the Applicant/petitioner.

Mr. Anwar Hussain, Mr. Sandeep Prasad Shaw Mr. SK. Md. Galib, Mr. Abu Siddique Mallick …for the Respondent No.1/.

Board of Auqaf Mr. Ranjit Chatterjee, Mr. Aniruddha Mitra …for the Respondent No.2

1. The instant Application under Article 227 of the Constitution of India is directed against the judgment dated 26.02.2020 passed by the learned Wakf Tribunal, West Bengal in O.A. 28 of 2018 rejecting the prayer of the petitioner Ziaul Haque since deceased for recording his name as Mutawalli by opposite party no.1 and permitting the petitioner to at act as a Mutawalli intermittently. Although the petitioner prayed for other reliefs but the main relief claimed was with regard to appointment of Mutawalli to the Estate of M.Safialla Wakf Estate

2. It is the contention of the petitioner that the Learned Tribunal acted illegally and with material irregularity by not considering that the basic tenet of Wakf-Alal- Aulad is to provide benefit to the line of succession of Wakif and accordingly a successor-in-interest of the wakif cannot be denied of becoming a Mutawalli. It is further contended that the Learned Tribunal acted illegally and with material irregularity by not appreciating that the petitioner had already become a Muttawali of M. Safiulla Wakif Estate automatically upon the death of the Erstwhile Muttawali in terms of the deed of the wakif dated August 14, 1946. It is also contended that the Learned Tribunal erred in holding that the wakf is a Wakf-Alal-Aulad composite and further holding that the petitioner cannot act as Mutawalli in respect of M. Safiulla Wakf Estate which is a Wakf-Alal-Aulad simplicitor. It is contended that the direction/observation of the Learned Tribunal is bad in law and should be set aside.

3. During pendency of the Revisional Application the sole petitioner Ziaul Haque died and an application was taken out by one Anishul Haque, brother of Ziaul Haque since deceased for substitution. It is the contention of the applicant that his grandfather Mohammed Safiulla since deceased by a deed of wakf dated August 14, 1946 created and established a Wakf-Alal-Aulad and dedicated his income of such wakf estate for the benefit, maintenance and support of his family and descendants. It is further contended that one of the main features of such deed of wakf is that Mutawalliship will continue on male lineal descendants in the line of succession from elder to younger, from son to grandson, and thereafter great grandson in a manner so that specific line of succession is completely extinguished before the subsequent lineal male descendants takes over. The applicant contends that the deed of wakf dated August 14, 1946 has established a Wakf- Alal-Aulad simplicitor and the present applicant is entitled to be the Mutawalli as per the said deed. The applicant further contends that being eldest male surviving descendants of the wakf he made representation dated 28.06.2021 and 26.07.2021 to the opposite party no.1 to record his name as the Mutawalli of M. Safiulla Wakf Estate as per deed of wakf and the same has been duly received by the opposite party no.1 but till date no steps have been taken by the opposite party no.1

4. The application for substitution was contested by the opposite parties by filing of affidavits. It is the contention of the opposite party no.1 that the application for substitution is hit by law of limitation. It is further contended that the Civil Revisional Application no. being C.O. 1153 of 2020 challenged the legality validity and propriety of the judgment dated 26th day of February, 2020 delivered by the learned Wakf Tribunal in O.A. No. 28 of 2018. The challenge in the O.A. No. 28 of 2