M.M.Dutt, J. - (1.) The appellants in these four appeals have challenged the propriety of the judgment of Sabyasachi Mukharji J. whereby the learned Judge discharged the Rules Nisi issued on the respective applications of the appellants under Article 226 of the Constitution.
(2.) The appellants are Mutwallis of certain wakf estates claimed to be wakf-al-al-aulad. In Appeals Nos. 422 and 423 of 1975, the appellant in both these appeals, Shaikh Basir Ahmed, is the wakif in respect of two Wakfs-al-al-aulad and he constituted himself to be the first Mutwalli in respect of these two wakfs. The Commissioner of Wakf, West Bengal served demand notices under Section 59 of the Bengal Wakf, Act, 1934 as amended by the Bengal Wakf (Amendment) Act, 1973 demanding from the appellants certain amounts towards the contribution of wakf fund and education fund. The appellants being aggrieved by the said demand notices moved this Court under Article 226 of the Constitution challenging the legality of the same. In that connection, they also challenged the constitutional validity of the Bengal Wakf Act, 1934 as amended by the Bengal Wakf (Amendment) Act, 1973. It was contended by them that the provisions of the Bengal Wakf Act, 1934 as amended by the Bengal Wakf (Amendment) Act, 1973 are violative of the provisions of the Mahomedan Law of Wakf and was not law in force when the Constitution of India came into force and, as such, the same were invalid. Further, it was contended that the provisions of the said Acts were violative of Articles 14, 19, 25, 26 and 27 of the Constitution.
(3.) The learned Judge overruled all the said contentions of the appellants and, as stated already, discharged the Rules Nisi. Hence these appeals.;