- (1.) THE Court : THE petitioner in this art.226 petition dated November 29, 2010 is questioning a decision of the Chief Executive Officer, Board of Wakf, West Bengal dated November 25, 2010 (at p.69).
(2.) THE petitioner submitted an application dated October 8, 2010 (at p.67) requesting the Board of Wakf as follows : a) To carryout the repairing & colour painting works of the building of Mazar Sharif at the said Wakf estate. b) To keep open the lock of the main gate of Mazar sharif for enabling the devotees to go inside for offering prayers and paying homages on 6th & 7th December, 2010. c) To clean the jungles, bushes, rubbish etc around the Mazar Shariff for proper maintenance of environment in the area. d) To construct the latrines to prevent from committing nuisance here and there to maintain proper environment. The impugned decision was given dealing with the requests made by the petitioner. The Chief Executive Officer, who was one of the two authorities to whom the letter dated October 8, 2010 was addressed, rejected the petitioners requests. Mr Ghosh, counsel for the petitioner, has said that the Mazar being located at a public wakf the Board of Wakf cannot prevent the devotees from observing Urs ceremony scheduled for December 6 and 7, 2010.
(3.) MR Panja, counsel for the Board of Wakf, has submitted as follows. In the name of permission to observe Urs ceremony entering the Mazar, the petitioner, an erstwhile mutawalli removed by the Board, is making an attempt to grab the property, a portion whereof he has already grabbed. Since Urs ceremony is organised and observed by the Board, there is no question of permitting the petitioner to organise and observe it separately using the Mazar a part of the wakf property. There is no difficulty in permitting the petitioner and his associates from entering the holy place as all devotees can enter the place any day they like. The place is kept open for all devotees. In view of the above-noted situation, I am of the view that there is no reason to interfere with the impugned decision in exercise of power under art.226. The petitioner is claiming a private right to organise and observe Urs ceremony inside the Mazar, a part of the wakf property at present under the direct management of the Board of Wakf. It is not that the petitioners fundamental right to practise religion is in question. He is free to enter the Mazar and pay his homage, but in the name of practising religion he is not entitled to organise and observe a ceremony there. He is free to use the Mazar as an ordinary devotee. For these reasons, the petition is dismissed. No costs. Certified xerox.;