BASHIR AHMED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The implementation of the Bengal Wakf Act, 1934, as amended by the Bengal Wakf (Amendment) Act, 1973, is under challenge in this application under Article 226 of the Constitution. In order to appreciate the contentions it will be necessary to refer to certain facts.

(2.) The petitioner, who claims to be a citizen of India, states that by an Indenture dated the 18th August, 1950, a Wakf was created by the petitioner in respect of certain portions of Lands more fully described in the said Indenture. By the said Wakf deed the grantor, being the petitioner herein, had appointed himself to be the first Trustee or Mutwalli and thereafter made certain provisions for the management of the said Wakf properties. The Wakf deed, further, provided that the grantor would be entitled to appropriate to his own use 25 per cent of the gross income as his remuneration for looking after and managing the properties during his natural life and on his death the said income would go to such poor and indigent members of the grantor's family as might be in indigent circumstances for providing them with food and clothing and for their maintenance. Upon the extinction of the line of the heirs or other descendants of the grantor, it was stipulated that the Mutwali and/or the Trustee for the time being should hold such share for the sole benefit of the adjoining mosque appertaining to Ashan Kareem Wakf Estate. It was also stipulated that if after meeting of the above expenses there would remain any surplus income, then the Mutwali for the time being should spend in the first instance, lest there might happen any deficiency in the income of the adjoining mosque, for the up-keep and the maintenance of the said mosque and thereafter the balance amount for feeding the Mussaffirs, who might happen to visit the said mosque and for other purposes mentioned in the Deed, There was a subsequent supplementary deed of the 1st April, 1970 whereby certain clauses of the original Deed of Indenture were altered and/or modified.

(3.) The petitioner contends that certain directions issued under the Bengal Wakf Act, as amended by the Bengal Wakf (Amendment) Act, 1973, were without jurisdiction and asks for directions for recalling or quashing of the said notices and requisitions made on the Wakif pursuant to the aforesaid Acts.