MOHSIN ALI Vs. WAKF TRIBUNAL WEST BENGAL

JUDGEMENT

(1.) THE two petitioners in this writ petition dated September 29th, 2003 are aggrieved by the order of the wakf Tribunal, West Bengal dated July 22nd, 2003 dismissing their appeal against the decision of the Board of Wakf, West Bengal dated august 19th, 2002 removing them from the office of mutawalli.

(2.) BY a deed executed in 1937 the wakf, a wakf alal naiad was created by three persons: Haji Samsher Ali Mondal, Haji Ershad All Mondal and musammat Rojan Bibi. Subsequently the deed was amended by further deeds executed in 1940 and 1962. While the first petitioner took charge of the office of the mutawalli in 1969, the second petitioner took charge thereof in 1979. In terms of the deed creating the wakf two persons. were to hold the office of the mutawalli jointly.

(3.) THE fourth respondent (Muhammad Asgar Ali) is a descendant of Hazi Samsher Ali Mondal, one of the wakifs. In 1999 he made certain complaints alleging that the affairs of the wakf were being mismanaged by the petitioners. Certain preliminary inquiries were made and certain reports were filed. There is nothing to show that those things were done in accordance with the provisions in section 70 of the Wakf Act, 1995. But then on the basis of the observations made in the reports, the fourth respondent, as a person interested in the wakf, filed a complaint dated August 2nd, 2001 with the board under section 64 of the Wakf Act, 1995.