Chittatosh Mookerji, J. - (1.) The Board of Wakfs, West Bengal at its meeting held on 24th March, 1976 resolved that an Administrative Committee under Section 27(2) (iii) of the Bengal Wakf Act, 1934 be constituted with respondents 2 to 8 and the petitioner No. 1 as its members for the administration of the Wakf Estate of late Mussamat Jasimunessa Bibi, Mahamadpur, P.S. Nawda, District Murshidabad. The Commissioner of Wakfs who is also the President of the said Board issued Order No. 18474 dated 26th March, 1976 conveying the said decision for constitution of an Administrative Committee for the aforesaid Wakf Estate.
(2.) The petitioners claiming to be the mutwallis of the said Wakf Estate of late Mussamat Jasimunessa Bibi, obtained this Rule challenging the aforesaid resolution of the Board and the order of the Commissioner of Wakfs relating to the appointment of the Administrative Committee in respect of the said Wakf. Mr. Chakraborty learned advocate for the petitioner,has firstly submitted that the Wakf in question was not a public one but the same was a private one, i.e., Wakf-al-al-Aulad. Therefore, according to Mr. Chakraborty, the impugned order for appointment of an Administrative Committee under Section 27 (2) (iii) of the Bengal Wakf Act read with Rule 4(1) of the Rules framed by the then Provincial Government of Bengal in exercise of the powers conferred by clauses (c), (i) and (j) of sub-section (2) of Section 84 of the Bengal Wakf Act, 1934 was invalid. Secondly, Mr. Chakraborty has submitted that the impugned order for appointment of a Committee of Management was passed in utter disregard of the principles of natural justice inasmuch as the petitioners as mutwallis of the Wakf were not given any opportunity of hearing either by the Commissioner of Wakfs or by the Board.
(3.) The first point raised on behalf of the petitioners may be disposed of on a short ground. It is not disputed that the Wakf estate has been enrolled with a description that it is a religious or charitable one in the Register of Wakfs maintained by the Commissioner of Wakfs under Section 45 of the Bengal Wakf Act. This Court under writ jurisdiction may not determine whether or not the said enrolment of the Wakf had been erroneously made. Thus, the Wakf estate stands enrolled as a Wakf other than a Wakf-al-al-Aulad. The petitioners themselves have disclosed that they have Instituted Title Suit No. 90 of 1975 in the Court of the Subordinate Judge at Berhampore, inter-alia, for declaration that the Wakf estate is a Wakf-al-al-Aulad. The said suit is still pending and the Commissioner of Wakfs, West Bengal had entered appearance in the said suit and had filed a written statement therein. Therefore, the undisputed position is, according to the enrolment in the office of the Commissioner of Wakfs, the Wakf in question is not a private one for the benefit of the descendants of the Wakif and the question is now the subject matter of a Civil Suit filed by the petitioners. Unless the Civil Court finds to the contrary, the Commissioner of Wakfs and the Board are emitted to proceed on the basis that the instant Wakf is other than a Wakf-al-al-Aulad.;