- (1.) This application under Article 227 of the Constitution of India is at the instance of an appellant before the West Bengal Wakf Tribunal ("Tribunal") and is directed against order dated 27th February, 2003 passed by the Tribunal in Appeal No. 4 of 2002 thereby affirming the order of the Wakf Board by which the petitioner was removed from the post of Mutawalli of the concerned Wakf.
(2.) The facts giving rise to filing of the present application may be summarised thus:- (a) In the C.S. Record of right names of four persons namely (i) Nur Mahammad DewaA, (ii) Hedayat Ali Dewan and (iii) Enayat Ali Dewan, all sons of Late Munsur Ali Dewan and (iv) Rashida Bibi, daughter of Late Munsur Ali Dewan were recorded as Mutawalli in respect of Wakf property. (b) Hedayat Ali Dewan died long ago leaving his only son, Abdur Rahim Dewan, the present petitioner herein. In the year 1964 Nur Mahammad Dewan died leaving his only daughter Mst. Hasina Bibi. (c) On 13th September, 1965 the present petitioner was recorded as Mutawalli on the basis of his application by the Wakf Board. Subsequently, in the year 1966, Mst. Hasina Bibi and Enayat Ali Dewan filed written objection before the Commissioner of Wakf against the recording of the name of the petitioner as sole Mutawalli. On the basis of such objection, the Commissioner of Wakf directed the local Gram Pradhan to enquire into the matter. The said Pradhan sent his report to the Commissioner of Wakf. (d) Ultimately, on 20th July, 1994 the Commissioner of Wakf referred the matter to the Board for taking decision and the Board by its resolution dated August 29, 1995 decided to remove the present petitioner from the post of Mutawalli for misdealing with the Wakf property and appointed Enayat Ali Dewan and Mst. Hasina Bibi as Joint Mutawalli's under Section 40 of the Bengal Wakf Act, 1934 for two years. (e) The present petitioner, consequently, filed a writ application being C.O. No, 21128 (W) of 1995 challenging the decision of the Wakf Board but such writ application was dismissed. (f) Being dissatisfied, the petitioner preferred an appeal being F.M.A.T. No. 2143 of 1996 and the Division Bench after setting aside the order of the learned Single Judge permitted the petitionerto seek his remedy before the Tribunal in accordance with law. (g) Pursuant to the liberty given by the Division Bench of this Court as mentioned above, the petitioner preferred an appeal before the Tribuanl and by the order impugned herein the said Tribunal has dismissed the appeal thereby affirming the order of the Board of Wakf removing the present petitioner from the post of Mutawalli.
(3.) Being dissatisfied, the petitioner has come up with the present application under Article 227 of the Constitution of India.;