SK. RAHMATULLAH Vs. BOARD OF AUQAF WEST BENGAL

JUDGEMENT

(1.) The present revisional application under Article 227 of the Constitution of India, read with Sec. 83(9) of the Waqf Act, 1995 (hereinafter referred to as the said Act), arises out of the Judgement dtd. 9/9/2019, as passed by Learned Waqf Tribunal, West Bengal in O.A. No. 4/2017 whereby and whereunder the said tribunal by the impugned judgement has been pleased to dismiss the petitioner's application under Sec. 83(2) of the said Act challenging the Resolution dtd. 31/8/2016 as passed by Board of Auqaf. The petitioner felt aggrieved and thus, preferred the instant revisonal application.

(2.) In order to dispose of the instant revisional application fairly and effectively the facts leading to filing of O.A No.4 of 2017 before the Learned Tribunal are required to be discussed in a nutshell.

(3.) By executing three deeds of Waqf, one Sk. Amanatullah of 34/1, Watgunge Street, P.S Watgunge, Khiderpore, Kolkata- 700 023 appointed himself as Mutawalli of the said Waqf and it was directed that after his death, his wife would be the Mutawalli and after the death of his wife, the eldest male member in the line of decedents born of womb of the said wife shall be the Mutawalli provided that person is competent and does not renounce Islam and/or become converted to other religion. It is undisputed that after the death of the Waqif as per rules of succession, Sk. Ashrafullah was appointed as Mutawalli and on his death the next surviving decedents viz. Zakir Hussain was appointed as Mutawalli. After the death of Zakir Hussain the present petitioner being the eldest male decedents have applied before the Board for recording his name as Mutawalli but since such request was disputed by the opposite party no.3 herein as well as the other brothers and sisters including step brothers and sisters of the present petitioner, an enquiry was conducted by the Board. On conclusion of the enquiry the Board by a resolution dtd. 31/8/2016, came to a finding that the present petitioner cannot be appointed as a Mutwalli on account of his immoral life and his proneness to liquor and by the self same resolution the Board also found that the present opposite party no.3 is eligible to be appointed as Mutawalli in respect of Sk. Amanatullah Waqf Estate.