SYED HAZI WASI AHMED Vs. BOARD OF WAKF

JUDGEMENT

(1.) Both the C.O. Nos. 1984 of 2003 and 2416 of 2003 are taken up together upon the submissions of the participating parties as common question of fact and law is involved in both the applications and hence, both the applications shall be disposed of by a common order.

(2.) One Syed Wasi Ahmed is the petitioner in C.O. No. 1984 of 2003 and the Union of India represented by the G.O.C., Eastern Command, Kolkata is the petitioner of C.O. No. 2416 of 2003 and both the applications filed under Article 227 of the Constitution of India are directed against an order dated 30th June, 2003 passed by the Wakf Tribunal in connection with Appeal No. 25 of 2002 impleading the Board of Wakf, West Bengal and the persons appointed as Mutawalli in respect of the property in dispute.

(3.) The undisputed fact as revealed from the averments of the petitioner of both the applications and also from the affidavit-in-opposition filed by the contesting opposite parties of both the applications and finally approved by the Tribunal in its order challenged through the present applications is that one Syed Ali Shah born in or about 1615 A.D. and in course of time he rose into eminence by his religious action and personal sanctity and he became famous as Pir Syed Ali Shah. He settled in the Hestings area of Kolkata and rested in peace approximately 305 years ago and cover his grave yard a tomb was erected which is now known as Pir Syed Ali Shah Baba Darga and subsequently a Mosque was also constructed and the entire area comprises 10 kathas of land approximately and is situated at Hestings opposite to Kolkata Race Course and within the area under the Military Authority.