NOOR SABAH ANSARI Vs. MD ZIAUDDIN

JUDGEMENT

(1.) Order dated 14th November, 2017 passed by the learned Waqf Tribunal, West Bengal in connection with Appeal No. 3 of 2010 is under challenge by the original appellant (hereafter described as the petitioner) invoking the jurisdiction of this Court under Article 227 of the Constitution of India.

(2.) Factual aspect up to the following extent is not in dispute :-

(3.) One Sk. Noor Mohammad created a Waqf-Alal-Aulad by executing a registered deed dated 6th February, 1945 in respect of his properties situated mainly in Kolkata in the State of West Bengal and Bihar for religious, charitable and other purposes and for the benefits of his descendants. In the said deed, the Waqif appointed himself as the sole Mutawalli. After the death of the Waqif, his second son, Golam Moinuddin and one Golam Murtaza, son of Golam Mohiuddin became joint Mutawallis. They were subsequently removed by the Board of Auqaf sometimes in 1971 and in their place, Golam Mustafa, second son of Golam Mohiuddin was appointed Mutawalli. The petitioner being the daughter of the Waqif from his third wife and her mother challenged the appointment of the said Golam Murtaza by filing writ petition being W.P. No. 26 of 1980. During the pendency of the said writ petition, this Court appointed a special officer to look after and manage the Waqf property. Subsequently, on the basis of the suggestion made by the special officer, the present petitioner was appointed Mutawalli temporarily from time to time. The petitioner was appointed Mutawalli for a period of five years by the Board of Auqaf by its resolution dated 27th September, 2005.