TAFIJUL HUQ SARKER Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This is a writ petitioner's appeal by way of leave from the summary rejection of Writ Petition No. 1432 of on 30 August, 1993 by a Division Bench of the High Court Division.

(2.) The writ petition arose in this way. One Faizuddin Sarker, father of respondent Nos. 3 and 4, was the Mutawalli of Munshi Kudrut Ullah Waqf Estate under E.G. No. 4429 Dinajpur (now Thakurgaon). By an order dated 3 September 1982 the Administrator of Waqfs, Bangladesh, removed him from his office of Mutawalli on the ground of breach of trust, misappropriation and his management of the waqf properties. The appellant who is a great grand son of the Waqif was then made Mutawalli in his place. After a lapse of about three years respondent Nos. 3 and 4 brought a suit, being other Class Suit No. 45 of 1985, in the Court of Assistant Judge, Thakurgaon, for removal of the appellant from the office. They also prayed for their appointment as joint Mutawalli in his place. During the pendency of the suit respondent Nos. 3 and 4 obtained on 26 September 1987 an order of appointment of a receiver in respect of the said waqf estate. The appellant took Miscellaneous Appeal No. 22 of 1987 therefrom and got the order stayed. The appeal was dismissed on 25 April 1993. The aggrieved appellant then preferred Civil Revision No. 1519 of 1993 to the High Court Division. A Single Bench of the said court issued a Rule therein and stayed operation of the appellate judgment. When the revision case was pending respondent Nos. 3 and 4 filed before the Administrator of Waqfs an application under sub-section (1) of section 32 of the Waqfs Ordinance, 1962, hereinafter referred to as the Ordinance, for removal of the appellant from the office of Mutawalli of the waqf estate. The Administrator of Waqfs passed an order on 8 July 1993 removing the appellant from the said office and appointed T.N.O. Haripur as the official Mutawalli until further orders. Without filing any appeal as provided in sub section (2) of section 32 the appellant challenged this order in Writ Petition No. 1432 of 1993 on the ground inter alia that the application for removal of the appellant from-the office of Mutawalli of the waqf estate was filed upon the self same allegations as were made in Other Class Suit No. 45 of 1985.

(3.) A Division Bench of the High Court Division took the view that there was a provision for appeal against the order of the Administrator of Waqfs before the District Judge under sub-section (2) of section 32 of the Ordinance which was an alternative and efficacious remedy not availed of by the appellant. Accordingly the learned Judges of the said court summarily rejected the writ petition as not maintainable.