Satya Brata Sinha, J. - (1.) The application is directed against a resolution dated 4.12.86 passed on item No. 4 of the agenda relation to E.C. Case No. 14787.
(2.) The fact of the matter lies in a very narrow compass.
(3.) On Syed Anisur Rahaman executed a wakf deed on 1.7.71, in terms whereof properties mentioned in schedule 'Ka' thereof was to remain under the Mutwaliship of Sabetar Rahaman and those mentioned in schedule 'Kha' were to be under the Mutwaliship of Sufiar Rahaman and Saber Ali, his first, second and third sons respectively. It is alleged that there existed a stipulation that after the death of the aforementioned sons of Wakf, their descendents would become Mutwali. According to the petitioners, the aforementioned Sabetar Rahaman left the locality leaving two minor children. The other two Mutwalis being Sufiar Rahaman and Saber Ali had also left the locality. But taking advantage of the minority of the petitioner Nos. 2 and 3, the respondent No. 4 got her name recorded as Mutwali. An application was filed before the Commissioner of Wakf, and by an order dated 6.8.86 as contained in annexure 'C' to the writ application, minor petitioners were appointed as Mutwalis, but the properties were directed to be managed by their mother guardian, petitioner No. 1 herein. When the said matter was placed before the Board of Wakf for approval, the same was disposed of stating : "The matter was considered by the Board and directed to record the name of Mr. Ahsana Khatun as Mutwallia for both the schedules i.e. 'Ka' and 'Kha' of the Wakf estate and directed the mutwallia to recover the properties sold out by her brothers. " ;