Indrajit Chatterjee, J. - (1.) This is an application under Article 227 of the Constitution of India wherein the present petitioner, i.e. the Board of Auqaf (hereinafter called as the said Board) has assailed the order of the Waqf Tribunal, West Bengal, as passed in Suit No. 12 of 2015 wherein the learned Tribunal was pleased to reject the application of the Board as filed under section 7(a) and 7(d) of the Code of Civil Procedure.
(2.) The fact relevant for the purpose of adjudication of this revisional application can be stated in brief thus; that one suit was filed by the plaintiff/opposite party No.1 to 6 before the Waqf Tribunal, West Bengal being suit No. 12 of 2015 wherein the present petitioner being the men of village Sovna, P.S - Memari, approached the Tribunal for a declaration that the E.C No.287 and 287A are waqf properties and those are public Waqf or "Waqf-Lil-La", in nature and not "Private Waqf or Waqf-Al-Aulad", for a declaration that the defendant Nos.4, 5 and 6 to be removed forthwith from the post of joint Mutwalli who have violated the terms of deed of waqf, that the defendant No.1 that is the Board of Auqaf be directed to cancel the resolution dated 12.08.2014 in respect of development of properties being premises No.3 of Grant Street, Kolkata - 700 013, for a declaration to cancel the deeds of purchase in respect of 'C' Schedule property any held by defendant Nos.7, 8 and 9, direction upon the defendant No.2, being the Kolkata Municipal Corporation not to sanction of any building plan in respect of premises No.3 of Grant Street, Kolkata - 700 013, direction upon the defendant No.3 for correction of records of rights in respect of entire properties enrolled in the record of the defendant No.1 in favour of the waqf state enrolled as EC 287 and 287A etc.
(3.) At the time of hearing, it was submitted by Mr. Galib, learned Advocate, appearing for the petitioner that in view of Section 6 of the Waqf Act, 1995 (hereinafter called as the said Act), no provision has been made to entertain such an application to be decided like a suit. He took me to the prayer portion of the plaint (running page no.30) wherein the plaintiffs before the Tribunal prayed for a declaration that the waqf property in question is public waqf and not private waqf. Learned Advocate took me to Section 6 of the said Act to convince this Court that as per Section 6(1) the two types of questions may be decided in a suit: i) whether a particular property specified as waqf property in the list of Auqaf is waqf property or not, or ii) whether a waqf specified in such a list is a Shia Waqf and Sunni Waqf .;