MOLLA ABDUS SAMAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This order will govern the disposal of WPO 10 of 2018 and WPA (P) 351 of 2022.

(2.) WPO 10 of 2018 was filed by the petitioner raising grievance that Waqf Tribunal, West Bengal had become defunct with effect from 1st of December, 2017 on account of non-availability of one ex-officio member leading to the inconvenience of the lawyers and the litigants. The further plea was raised that after coming into force of the Waqf (Amendment) Act, 2013, the State Government had not framed any Rules though the Ministry of Minority Affairs, Government of India had prepared the Model Waqf Rules, 2016. Hence, in the petition, a direction was sought to the official respondents to repeal/amend the West Bengal Waqf Rules, 2001 by incorporating proper amendment following guidelines of Model Waqf Rules, 2016. A prayer was also made to ensure uninterrupted functioning of the Waqf Tribunal, West Bengal.

(3.) Undisputedly, after filing of WPO 10 of 2018, West Bengal Waqf Rules, 2022 have been notified on 6th of May, 2022. The members of the Waqf Tribunal have been appointed in terms of Sec. 83(4) of the Waqf Act, 1995 (for short, 'the Act'). Infact, the appointment of the members has been challenged by the petitioner in the connected petition. Hence, nothing survives in WPO 10 of 2018 which is accordingly dismissed as infructuous.