- (1.) The Court : The writ petitioner complains of the action initiated by the Office of the Board of Wakfs, West Bengal in relation to plot Nos.2215, 2270, 1811, 1821, 1770 J.L.No.24, Khatian No.942.
(2.) It is submitted on behalf of the petitioner that the plots comprised in the said J.L.No.24 are the secular properties of the petitioner and the Chief Executive Officer, Board of Wakfs, West Bengal has no power, authority and jurisdiction to issue any such notices including the notice dated 28th January, 2011 and the subsequent notice dated 5th September, 2011. Moreover, the said properties have been declared to be secular by this Hon ble Court by a judgment and order dated 2nd May, 2005.
(3.) In view of the aforesaid, the petitioner is directed to make available all such records to the Chief Executive Officer, Board of Wakfs, West Bengal along with a representation so as to enable the said authority to look into the matter and take a final decision. However, since the above plots prima facie appear to be secular properties, the said authorities are restrained from proceeding with the said notices any further till the matter is being finally considered and decided by the said Chief Executive Officer, Board of Wakfs, West Bengal. The petitioner is permitted to make such representation within a period of two weeks from date along with all documents in support of its claim and the said Chief Executive Officer, Board of Wakfs, West Bengal should consider such representation within a period of four weeks thereafter after giving reasonable opportunity of hearing to the petitioner.The writ petition is, thus, disposed of. Urgent certified photocopies of this order, if applied for, be given to the parties subject to compliance with all requisite formalities.;