MD. ENAM HOSSAIN Vs. KAYESH MIAH

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 30.10.2008 passed by the High Court Division in Civil Revision No.3265 of 2007 making the Rule absolute.

(2.) The facts, in short, are that predecessor of petitioner Md. Enam Hossain obtained E.G. No. 13097 in respect of Md. Haider Waqf Estate wherein quantum of land was 64.63 acres, and that the property in question is situated under Police Station-Guainghat of Sylhet town and that the petitioner Md. Enam Hossain was lawfully appointed as mutwalli on 31.01.2000 of the said Waqf Estate and he is performing his function efficiently and honestly. The respondent No.1, Kayesh Miah brought some false and baseless allegations by filing an application against the petitioner before the Deputy Administrator of Waqfs. Consequently, the local Inspector of Waqf held an inquiry into the matter and subsequently submitted his report wherein it was stated that the allegations brought against the petitioner Md. Enam Hossain are false. Although no allegation was proved against the petitioner, the Deputy Administrator of Waqfs appointed respondent No.1 Kayesh Miah as mutwalli of the said Waqf Estate on 31.10.2006.

(3.) Being aggrieved by the aforesaid order dated 31.10.2006 passed by the Deputy Administrator of Waqfs, petitioner preferred Miscellaneous Appeal being No.90 of 2006 before the learned District and Sessions Judge, Chora Challan Nirodh Tribunal, Sylhet. The Judge upon hearing the same and on consideration of the facts, circumstances and the evidence on record set aside the order dated 31.10.2006 passed by the Deputy Administrator of Waqfs.