ATAUR REHMAN BARLASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The subject matters of the present proceedings are matters of 1977 as well where for 7 years have rolled by and the matter regarding removing of a mutawalli under the provisions of S. 43 of the Wakf Act, 1954, as amended, has yet to see a final end. It is a fit case in which the petitioner is entitled to Rule. However, it may cause injury and harm to both the parties if the matter is delayed and not disposed of to-day right now.

(2.) We had the advantage of hearing Mr. A.S. Bhattacharjee, learned Additional Senior Government Advocate Assam in respect of the appellate order marked Annexure-3, which we extract hereinbelow:-

(3.) In Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, it has been held that there is no finality of a decision or a decree if it happens to be a purported order and not a "real" order in that it was not rendered in accordance with the provisions of the Act. Similar views have been expressed by their Lordships in the Supreme Court and the learned counsel for the parties have conceded to this. We have disposed of many cases following the rule that in a writ of certiorari this court can quash an order of quasi-judicial authority if it renders a "purported decision" and fails to render a "real decision".