- (1.) QUESTIONING the legality and propriety of resolution dated June 1, 2011 adopted by the Board of Wakfs, West Bengal (hereafter the Board), since confirmed in its meeting held on July 13, 2011, the petitioner filed an application before the Wakf Tribunal (hereafter the Tribunal) under Section 83(2) of the Wakf Act, 1995 (hereafter the Act), on July 26, 2011. The application was registered as O.A. No. 8 of 2011.
(2.) IN connection with such application, the petitioner filed an application praying for stay of operation of the impugned resolution and to restrain the respondents 2 to 6 in the said application from acting as Mutawalli of Gafurannesa Bibi Wakf Estate (hereafter the said estate). The Tribunal in its order dated July 26, 2011 observed that it has no power to pass an interim order of stay in connection with an application under Section 83(2) of the Act and, therefore, refused the prayer for stay made by the petitioner. This order is challenged by the petitioner in this revisional application under Article 227 of the Constitution. While hearing the revisional application at the motion stage on July 29, 2011, I passed an interim order staying operation of the resolution of the Board under challenge before the Tribunal till 2nd September, 2011, or until further orders, whichever is earlier, on the ground that the Tribunal had misconstrued the scope of Section 83(5) of the Act, and directed service of copies of the revisional application on the opposite parties.
(3.) THE opposite parties 2 to 6, after service was effected on them, entered appearance and filed an application for vacating the interim order dated July 29, 2011, being CAN No. 7592 of 2011. The revisional application together with the application for vacating interim order has been heard in presence of the appearing parties.;