R.Pal, J. - (1.) The petitioners claiming to be members of the Muslim Public and "person interested in a wakf" under the provisions of section 6(5) of the Bengal Wakf Act, 1934 (hereinafter referred to as the Act), filed this writ application. The petitioners have challenged the functioning of the Board of Wakf and have prayed for inter alia the following reliefs ; "(a) A writ in the nature of Mandamus commanding the Respondents and each of them and/or their subordinates and agents to forbear from granting any permission or sanction under section 53 of the Bengal Wakf Act, excepting leave of the court and also to forbear from acting any further on the basis of the resolutions of the Board adopted at its meeting held on 20th April, 23rd May, 27th May and 23rd May 1992 and to set in accordance with law. (b) A writ in the nature of Mandamus restraining the respondent No. 11 from participating any further in any meeting either of the Board or of any purported subcommittee on the basis of the appointment letter dated 1st April 1992, issued by the Deputy Secretary, Judicial Department, Government of West Bengal. (c) A declaration that the present Board is not a properly constituted Board as envisaged under section 8 of the Bengal Wakf Act, 1934 and a declaration that the delegation of authority to a sub-committee consisting of a few members of the Board is an improper delegation of power and such exercise of power by such sub-committee is unauthorised in law. (d) A writ in the nature of Certiorari commanding the Respondents to certify and transmit to this Hon'ble court, all the records of the instant case so that conscionable justice may be done by quashing the illegal decision of Board so far taken and to pass suitable orders in the interest of justice after perusing the said records."
(2.) The petitioners have also prayed for an ad interim order of injunction restraining the Board of Wakf and its members from according to any sanction for any transfer of any wakf property under section 53 of the Act or under any other provisions of law and from regularising any lease sale or transfer of any kind. An interim order was passed on 26th June 1992 directing the status quo as of that date with regard to transfer of possession of any of the properties mentioned in Annexures B and C to the petition and under the jurisdiction and domain of the Board of Wakf until the disposal of the application. The order was corrected on 30th August 1993 to the extent that the properties mentioned in Annexure A and B were to be read as Annexures B and C.
(3.) It is the petitioners' case that there are about 16000 recorded wakf estates in West Bengal. It was alleged that the Board of Wakf which was to be constituted under the 1934 Act was misusing the power granted to it under section 53 of that Act by according sanction to the transfer of wakf properties without any legal necessity and without making an enquiry as to the true intention behind such transfer. It was said that powers conferred on the Board and the Commissioner of Wakfs was being used for the personal gain of some interested persons resulting in destruction of the wakf estates. It was further alleged that although on paper the Board of Wakfs consisted of 11 members but in practice the functions of the Board were being discharged by five members only. Three instances of wakf properties being permitted to be transferred have been given.;