ABDUR ROUFWAKF ESTATE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) NO one has come forward on behalf of State to oppose this application.

(2.) ADMITTED position is that the property in question was owned one point of time by one Abdur Rouf, who by and under a written deed of wakf, dedicated his entire property to Allah (Almighty), appointing himself as the first mutawalli. Thereafter, he desired that his sons and successive descendants would be the Mutawallis and he also provided that in case of extinction of any of the descendant Mutawallis, the learned District Judge would appoint mutawalli and income of the wakf property would be utilised for religious and charitable purpose, viz. for rendering help to the poor people of Muslim community.

(3.) THE present matter relates to agricultural land which is a part of the wakf property. The original Wakif at one point of time filed "b" form under the west Bengal Estates Acquisition Act and at that time, the deed of wakf was produced and it was understood that this wakf was a Wakf-Alal-Aulad. As such, authority concerned accepted the said position and passed appropriate orders.