S.P.Talukdar, J. - (1.) Judgment and order dated 31st January, 2006 passed in Appeal No. 9 of 2005 by the learned Presiding Officer, Wakf Tribunal, West Bengal is under challenge in this application under Article 227 of the Constitution.
(2.) Grievances of the petitioner/appellant may briefly be stated as follows: (a) Sk. Abdul Mannan was the Mutawalli of Sk. Abdul Karim Wakf Estate bearing E.C. Nos. 1582 and 1582A. He acknowledged the petitioner as his son and a General Power-of-Attorney was executed on 31st August, 2000 in favour of the petitioner. (b) The petitioner was, thus, entrusted to look after, manage the aforesaid Wakf Estate and all other immovable properties whatsoever and to take all necessary measures for the betterment of the said property as his lawful Attorney. (c) The petitioner was accordingly managing and administering the Wakf properties and was also Naib Mutawalli of the said Wakf Estate. Last recorded Mutawalli Abdul Mannan expired on 25th September, 2001. The petitioner started administering and managing the Wakf Estate and was a Mutawalli in terms of section 3(i) of the Wakf Act, 1995. (d) An application was made on 19th June, 2002 for notifying as well as recording the name of the petitioner with the Chief Executive Officer of the Board of Wakfs. In the meantime, the petitioner was paying Wakf contribution and other amount for the said Wakf property and the office of the Board of Wakfs duly received the same under section 72 of the Wakf Act, 1995 and granted receipts for the years 2001-2002, 2002-2003 and 2003-2004. Such acceptance of the contribution clearly indicates that the petitioner was accepted as a Mutawalli of the said Sk. Abdul Karim Wakf Estate for the said period. (e) The budget and submission of accounts of the Wakf being accepted by the Board of Wakfs from time to time in terms of provisions of the Wakf Act, it was no longer open for the Board to question the petitioner's status as Mutawalli and what was required to be done, was merely recording the name of the petitioners as Mutawalli in the Wakf Register. This task, however, was neither taken up by the Chief Executive Officer of the Board of Wakfs nor by the Enrolment Committee.
(3.) Curiously enough, Aisha Banu and Golum Arif applied for being appointed as Joint Mutawallis of the said Wakf Estate thereby claiming that they were the descendants of the founder of the Wakf i.e. Abdul Karim.;