TAIYAB MD Vs. MEGHALAYA BOARD OF WAKF

JUDGEMENT

(1.) TWO aspirants to the office of the joint Mutawallis in Wakf Trust created by late Haji Elahi Baksh have filed these applications under Article 227 of the Constitution of India read with Section 83 (9) of the Wakf Act, 1995 challenging the judgment and order dated 19. 7. 2006 passed by the learned Presiding Officer, Wakf Tribunal, Shillong. By this impugned order, the learned Presiding Officer of the tribunal has held that both the petitioners are not entitled to inherit/succeed the Mutawalliship on the death of founder Mutawallis. Being aggrieved with this order, the aforesaid writ petition and the revision application have been filed. Since the cases are arising out of the same order and since the subject matter is one and the same, both the revision applications were heard analogously and are being disposed of by this common judgment.

(2.) I have heard Shri Ranjit Kar, learned counsel representing Md. Taiyab, Mr. D. K. Thapa, learned counsel for the petitioner, Md. Zakaria, Shri K. S. Kynjing, learned counsel for the Meghalaya Wakf Board, the respondent No. 1 and Shri H. Ahmed, learned senior counsel assisted by K. Khan, learned counsel for the petitioner, Md. Sulaiman.

(3.) IN these revision applications, broadly, the following points are to be examined by this court :