GOLAM ATHER CHOW­DHURY Vs. ADMINISTRATOR OF WAQFS

JUDGEMENT

(1.) This appeal by a Mutawalli calls in question an order of the Administrator of Waqfs appointing a Committee of Official Mutawallis under section 44 of the Waqfs Ordinance, 1962. Earlier, this order was unsuccessfully challenged by revisional application before the District Judge and also the High Court Division.

(2.) The appellant was appointed mutawalli of the Bhatipara Waqf EstateE.C. No 11917and he has been performing his duties as such since 30 April 1974. Three beneficiaries and one member of the public filed a petition against him on 23 November 1981 before the Administrator bringing some allegations, such as breach of trust, mis-management and malfeasance, and prayed for his removal. The appellant appeared before the Administrator and denied the allegation. The Administrator examined some witnesses, heard both the parties and by the impugned order dated 31 March 1983, appointed a Committee of five persons including the appellant to administer and manage the waqf property, under section 44 of the Waqfs Ordinance. Appellant (existing mutawalli) was made Chairman of the Committee which included the persons who had filed the petition of allegation against the appellant. This order the appellant challenged before the District Judge by a revisional application under section 115(2) of the Civil Procedure Code But the application was rejected on the ground that no revision lies against the Administrator's order under section 44 of the Waqfs Ordinance since, under this section, the Administrator does not act as any Court subordinate to the District Judge or to the High Court. The appellant then moved the High Court Division by another revisional application, but this application was also rejected by a learned Single Judge of the High Court Division by an order, dated 24 January 1984 upholding the District Judge's view that the Administrator's order under section 44 cannot be challenged in revision. The appellant made an application for converting the revisional application to that of a Memorandum of Appeal under section 32 of the Waqfs Ordinance but the application was also rejected by the learned Single Judge.

(3.) Leave was granted by us to consider the question whether the Administrator's order Under section 44 of the Waqfs Ordinance appointing a Committee of Official Mutawallis amounted to removal of the existing mutawalli under section 32 of the Ordinance and as such is appealable.