SK. AFTAB HOSSAIN Vs. BISWANATH CHAKRABORTY

JUDGEMENT

(1.) The present application under Article 227 of the Constitution of India has been preferred by the plaintiff in a suit for declaration and permanent injunction, filed before the Waqf Tribunal. The prayers made in the said plaint are set out below:

(2.) In the said suit, the plaintiff/petitioner filed an application for temporary and ad interim injunction restraining the defendants/opposite party nos. 1 and 2 jointly and/or severally and/or their men and agents and/or any person from carrying on any construction work in the suit property and/or from changing the nature and character of the suit property in any manner and for temporary injunction restraining the proforma defendant/opposite party nos. 4 and 5 jointly and/or severally and/or their men and agents and/or any person from issuing any permission and/or sanction plan for carrying on any construction. By the impugned order, the Waqf Tribunal dismissed such injunction application on contest.

(3.) Learned counsel for the petitioner argues that although, by virtue of the relevant waqfnama, the waqif Hazi Sk. Karim Buksh provided inter alia that his son, Sk. Hossain, and his heirs shall not be entitled to become mutawalli of the said waqf property ever, the petitioner was appointed as a mutawalli by a valid order of the Chief Executive Officer, Board of Waqfs, West Bengal pursuant to a resolution passed by the M.E. Committee dated January 29, 2003 which had been approved by the Board of Waqfs, West Bengal in its meeting held on March 9, 2003.