(1.) This petition for leave to appeal at the instance of Alhaj Md. Chowdhury Alam, Commissioner , Ward No. 56, Dhaka City Corporation and Secretary, Pir Yameni Market Shop Owners Association and others is directed against the judgment and order dated 25.5.2003 passed by a Division Bench of the High Court Division in Writ Petition No. 1350 of 2003.
(2.) The respondent No. 1 as the writ petitioner moved the High Court Division challenging the Memo No. O: Pro: Dha: U/239(6) dated 7.1.2003 issued by the petitioner No. 2, the Administrator of Waqf of Bangladesh Constituting the managing committee of Hazrat Malek Pir Yameni (R) Nazar Waqf Estate (E.C No. 11276) stating, inter alia, that Hazrat Malek Shah Pir Yameni (R) Mazar Waqf Estate (E.C. No. 11276) has been run and managed by members of writ petitioners family since its creation. The first Mutwalli of the said Waqf Estate was Mohammad Raja Shah, after his death his son Samiruddin Shah was the Mutwalli and after the death of said Samiruddin Shah, his son Bashiruddin Shah was Mutwalli and therafter son of Bashiruddin Shah and father of the writ petitioner Bashiruddin Shah was Mutwalli till his death. That it was also stated that Serajuddin Shah nominated the writ petitioner as his successor-in-Mutwalli during his tenure of Mutwalliship of the Estate and vested the responsibilities of managing the affairs of the Waqf Estate and since then the writ petitioner is performing his duties as Mutwalli as if a successor nominated by the predecessor in office. Moreover, writ petitioner was making correspondences with the respondent No. 2 and other persons. That while the writ petitioner is performing his duties as mentioned Mutwalli of the said Waqf Estate , his father Serajuddin Shah Died on 22.1.2002 and the writ petitioner as nominated Mutwalli filed an application before the respondent No. 2 annexing a power of attorney of the members of the family of his father for approval of his nomination as Mutwalli by his deceased father. That the father of the writ petitioner developed the Waqf Estate by constructing a multi-storied market building and allotted the same to different shop keepers who are the tenants of the Waqf Estate and some land are lying vacant behind the said market building and another market building could be constructed. The petitioner as a designated Mutwalli is trying to do so and some tenants of the Estate are making obstruction to the said program to have illegal gain. The respondent Nos. 4 and 5 of the writ petition are creating serious obstruction hampering the development work and also interfering with the normal affairs and management of the Waqf Estate. That when the writ petitioner was waiting for approval of his Mutwalliship the respondent No. 2 of the writ petition all on a sudden issued a letter vide Memo No.O:Pro:Dha:U:239(6) dated 07.01.2003 violating the law and constituted a Managing Committee of 6 members making the respondent Nos 4 and 5 of the writ petition as Chairman Secretary respectively of the said Committee and the writ petitioner was made a member of the said Committee.
(3.) The High Court Division made the rule absolute declaring the impugned order to have been passed without lawful authority and setting aside the same and directing the Administrator of Waqf petitioner No. 2 to appoint the respondent No. 1 as the Mutwalli of the Waqf Estate to manage the same forthwith.