RASHID ALI MOLLA Vs. BOARD OF WAKF

JUDGEMENT

(1.) The petitioners have filed an application under Article 227 of the Constitution of India being aggrieved by the order of rejection of their application dtd. 16/12/2020 and 17/12/2020 by the Waqf Tribunal and where they have prayed for rejection of report of the Advocate Commissioner and well that of BL&LRO and for appointment of fresh Commissioner to hold local investigation of the schedule property in Suit No. 15 of 2012 on 23/2/2021.

(2.) For proper appreciation of the order under challenge it is necessary to discuss the history of the case in nutshell. The dispute relates to 7.95 Acres of land fully described in the scheduled of the plaint situated at Mouza-Kurchi Binodbati, J.L No. 15, under Udaynarayanpur Police Station in the district of Howrah.

(3.) It is the case of the plaintiffs/petitioners the property was originally owned by one Babujan Mallick who during his lifetime dedicated the property by executing a Registered Waqf Deed in the year 1919 for the benefit of his family members and also his lineal descendants. The said Waqf was a private Waqf. In the C.S. record of right the disputed property was recorded as Waqf property of Babujan Mallick, but in subsequent settlement record the property has been recorded in the name of Bahadur Molla Waqf Estate and as well in the Register maintained in the Waqf Board of West Bengal under E.C. No. 10339.