AFSAR UDDIN SARKER Vs. MD. AFTABUDDIN

JUDGEMENT

(1.) This appeal is against the judgment and order dated 01,08.97 passed by a learned Single Judge of the High Court Division in Civil Revision 1866 of 1997 making the Rule absolute and setting aside the judgment and order dated 27.03.97 passed by the additional district Judge, Rangpur in Misc. Appeal 57 of 1994 by which the judgments and orders dated 01.08.94 and 03.08.94 passed by the administrator of wakf in E.C. No. 11966 being Taragonj wakf estate District Rangpur were set aside.

(2.) The short facts leading to this appeal are that the said wakf estate was established since time immemorial and was being managed well by the then Managing Committee till 1980. Thereafter a new Managing committee was formed with the petitioner appellant as the member secretary of the committee. The wakf administrator allowed vide order dated 06.08.84 the appellant petitioner to continue his function as the member secretary of the committee till formation of a new managing committee and accordingly a new committee was formed on 30.04.84 according to the proposal of the Upazila Chairman which was approved on 11.07.85 by the wakf Administrator. Against that order, Misc. Appeal No. 90 of 1985 was preferred the learned Additional District Judge by order dated 19.07.1986 allowed the appeal and set aside the said orders of the wakf Administrator and directed the petitioner to continue as the Member Secretary of the Managing Committee. The administrator of wakf then vide his order dated 01.08.94 amended the scheme/bye-laws for management of the said wakf estate creating the post of a vice Chairman to work with the Chairman which was in existence from before empowering the Vice-Chairman to propose/suggest the names of the members of the managing committee and thereafter a new managing committee was formed by the administrator of wakf vide his order dated 03.08.94 and he approved the said managing committee later on. But the said order was challenged by the present appellant in Misc. Appeal 57 of 1994.

(3.) The appeal was contested and it was allowed on 27.03.1996. Against that the present respondent preferred the Civil Revision before the High Court Division and the High Court Division upon hearing both the parties made the Rule absolute and set aside the judgment and order of the learned Additional District Judge, Rangpur. The only submission made before us by Mr. Fazlul Karim, learned Counsel for the appellant is that the wakf administrator can not amend or change the scheme of the management of the said wakf estate. But we find that the provision of sub-section 5 of section 34 of the Wakf Ordinance, 1962 empowers and authoress legally the wakf administrator to make necessary amendment/change or variation of the "scheme" which also can be called "bye-laws" for better management/administrator of any wakf estate if he considers it fit and necessary. Sub-section 5 of section 34 of the Wakf Ordinance, 1962 reads as follows: