LAWS(CAL)-2019-12-7

CHIEF EXECUTIVE OFFICER Vs. MD. REAZUDDIN

Decided On December 03, 2019
CHIEF EXECUTIVE OFFICER Appellant
V/S
Md. Reazuddin Respondents

JUDGEMENT

(1.) This is to consider a review application filed by Chief Executive Officer/petitioner against the order dated 07.08.2019, passed by this court in connection with C.O. No. 2966 of 2018 alleging that order directing remand asking Chairman, Wakf Tribunal to hear out the matter afresh the prayer of the Chief Executive Officer under Section 54 (3) of the Wakf Act, 1995, and to decide the matter in terms of the directions contained therein, giving sufficient opportunities to the opposite parties, unnecessarily travelled beyond the scope of Section 54 of the Wakf Act, that the Wakf property having described to be a disputed property in the order itself, there occurred error apparent on the face of the record, that in connection with a proceeding under Section 54 (4) of the Wakf Act, 1995, the learned Wakf Tribunal was not left with any power to go deep into the question for determination of the status of Wakf property and accordingly sought for review of the order.

(2.) In connection with C.A.N. application No. 8770, the petitioner was granted leave to file the application for review without the certified copy of the order dated 7th August, 2019, passed by this court.

(3.) By another C.A.N. application being No. 8769 of 2019, the petitioner sought for a direction, directing Wakf Tribunal to dispose of the Eviction Case of 1 of 2017, under Section 54(3) of the Wakf Act, 1995, within a specified period of time, while ensuring compliance of the directions contained in the order passed by this court on 7th August, 2019, in connection with C.O. No. 2966 of 2018. It appears that on 07.11.2019, the petitioner furnished certified copy of the impugned order pursuant to the leave being granted earlier in this case.