IN THE HIGH COURT AT CALCUTTA Civil Revisional Jurisdiction Appellate Side Present:

The Hon’ble Justice Biswaroop Chowdhury C.O. 3733 of 2017 Golam Mustafa Haidari & Anr.

VERSUS Boad of Wakfs & Anr.

For the petitioners: Dr. Chapales Bandyopadhyay, Adv.

Ms. Anandamayee Dutta, Adv.

Ms. Gargy Basu, Adv.

For the Board of Wakf/Respondent Mr. Azizul Islam, Adv.

No.1: Mr. SK. Md. Galib. Adv Mr. Abu Siddique Mallick Mr. Sumit Kumar Ray, Adv.

For the Opposite Party No.2.: Mr. Munshi Ashiq Elahi, Adv.

Last Heard on: March 12, 2025 Judgment on: Jun 11, 2025 Biswaroop Chowdhury,J:

The petitioner before this Court are applicants before the Waqf Tribunal West Bengal under the Waqf Act 1995, and is aggrieved by the Judgment dated

04-09-2017 passed by Learned Waqf Tribunal in OA 16 of 2010.

The case of the petitioner before the Learned Waqf Tribunal may be summed up thus:

1. That the petitioners are the owners of 16 decimals of Land in plot No.

3605, 11 decimals of land in plot No. 3596 and 2.5 decimals of land in plot No. 3631 of Mouza-Dhitora under Murarai Police Station.

2. The origin of these lands comprised in three plots above-mentioned have been found in C.S. Khaitan No-1407 published in the name of Mohar Sheikh and also from Nakpuri Bibi published under Khaitan No. 1341 In C.S. plot No. 3596 Nak puri Bibi was recorded for 11 decimals in 16 annas share in the said khaitian No-1341 and it has been mentioned that Mohar Sheikh and others are the oweners on the northern boundary of the said plot. Similarly under khatian No. 1407 recording has been made in respect of Mohar Sheikh for a specified share and under the said Khatian Plot No. 3605 for 16 decimals in 16 annas and 3631 for 5 decimals in 16 annas have been recorded. From the above – mentioned two C.S. Khatians being No. 1341 and 1407 it does not appear that the said Khatians contained any Waqf land, rather the said Nakpuri Bibi and Mohar Sheikh have been shown to have possessed specified shares in the said Khatian and the plot recorded there under.

3. From Nakpuri Bibi her interest in Plot No. 3596 stood devolved upon Rajab Ali, Son of Umed Sheikh and Sayeed Hossain, son of Jellal Bux were recorded in Khatian No. 1341 plot No-3596 was recorded in the name of the said Rajab and others for 11 decimals of land in 16 annas share but in Column No. 23 it has been shown to be in the possession of Ashraf Khan son of Yakub Sheikh as Mutwalli of Mosque.

4. RS. Plot No. 3596 having an area of 11 decimals have been recorded in the C. R. Khatian Nos 2802/1 and 1998/1 out of total 11 decimals. Golam Mustafa Haidari got 6 decimals in his Khatian No. 2802/1 and Golam Mohammad Haidari in his Khatian No. 1998/1 has got 5 decimals of land. Similarly plot No. (CS) 3605 having an area of 16 decimals of land was recorded in the L.R. Record of Rights by amalgamation with a bigger plot being No. 3618. Plot No. 3618 has been recorded in the name of Golam Mohammed Haidari under Khatian No. 1998/1 C.S. Plot No. 3631 having an area of 5 decimals have been recorded in the LR. Record of Rights in the name of Golam Mustafa Haidari under Khatian No. 2802/01 having land area of 5 decimals.

5. Only in R.S. Khatian No. 1341 against Plot No. 3596 and Plot No.

3605 under Khatian No. 1407 in 23rd Column a name has been shown to be Mutwalli although original plot reflects the name of the owners.

6. On the basis of aforesaid inference Column No. 23rd in respect of said two plots being plot No- 3596 under Khatian No-1341 and Plot No- 3605 under Khatian No. 1407, the Board of Wakfs has treated the said property as Wakf.

7. Plot No-3605 merged with Plot No-3618 and the Block Land and Land Reforms Officer has also issued a letter being Memo No. 22 dated 4th January 2005 addressed to the Officer-in-charge Murari Police Station stating that the Plot No-3605 has been merged with Plot No- 3618 which is secular plot and the present owners are Golam Mohammed Haidari and Golam Mustafa Haidari under their L.

R. Khatian No. 1998/1 and 2802/1 respectively.