- (1.) This application is at the instance of the appellant and is directed against the order no.6 dated January 9, 2008 passed by the learned Presiding Officer, Wakf Tribunal, West Bengal, Kolkata in Appeal No.6 of 2007 thereby dismissing the same on the ground of being not maintainable.
(2.) The appellant filed a petition before the Chief Executive Officer, Board of Wakfs, West Bengal claiming for the membership of the Mutawalli Committee in respect of Bahadur Molla Wakf Estate, enrolled under the E.C. No.10339, Howrah. The M.E. committee of the Board of Wakfs considered the petition of the 2 appellant and a Resolution dated March 29, 2003 was adopted rejecting the claim of the appellant. The said Resolution was thereafter placed before the Board of Wakfs, West Bengal and then the Board of Wakfs, West Bengal confirmed the said Resolution on April 18, 2007. Being aggrieved by such decision of the M.E. committee on the part of wakfs and subsequently by the Board of Wakfs, the appellant preferred the appeal being Appeal No.6 of 2007. That appeal was dismissed on the ground of being not maintainable of the same by the impugned order. Being aggrieved, this application has been preferred. Now, the point for consideration is whether the impugned order should be sustained.
(3.) Upon hearing the submission of the learned counsel for the parties and on going through the materials on record, I find that the learned appellate tribunal rejected the appeal on the ground of being not maintainable. It is observed by the learned appellate Tribunal that the appeal has not been filed as per provisions of the Wakf Act, 1995. It is hit by Section 83(2) of the Wakf Act, 1995. For proper appreciation, I am quoting the Section 83(2) of the Wakf Act, 1995:- "2. Any mutawalli person interested in a wakf or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such 3 time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the wakf.";