SABYASACHI BHATTACHARYYA,J. - (1.) The present application under Article 227 of the Constitution of India has been preferred by the plaintiff in a suit for declaration and permanent injunction, filed before the Waqf Tribunal. The prayers made in the said plaint are set out below: "(a) Declaration that the schedule property is a waqf property belongs to "Sk. Hazi Karim Buksh Waqf Estate" recorded under E.C no. 229 in the office of the Board of Waqfs, West Bengal. (b) Declaration that the defendant no. 1 and 2 has no right title interest over the schedule property which exclusive belongs to "Sk. Hazi Karim Buksh Waqf Estate"; (c) Direction upon the Proforma Defendant no. 5 to record/mutate the suit properties in the names of the plaintiff as mutawalli of the Sk. Hazi Karim Buksh Waqf Estate; (d) Direction to restore the suit property mentioned in schedule by cancelling deeds/documents if any in respect of the suit property stands in the name of defendant no. 1 and 2; (e) Direction upon the proforma defendant no. 4 and 6 not to grant any sanction of any building plan if sought for in respect of the schedule premises mentioned in Schedule till the disposal of the suit; (f) Permanent injunction restraining the defendant no. 1 and 2 not to carry on construction work over the schedule land and/or not to transfer or alienate any part or portion of the schedule properties till the disposal of the suit; (g) Ad "interim order of injunction restraining the Defendant nos. 1 and 2, and their men, agents subordinates and assignees from carrying on any construction work upon the properties mentioned in Schedule below till the disposal of the suit; (h) Ad "interim direction upon the Proforma defendant no. 7 being the local administrator to see that the defendant no. 1 and 2 cannot carry on construction work over the schedule properties till the disposal of the suit; (i) A decree for cost. (j) For any other relief or reliefs if any the plaintiffs are entitled to get in law or equity."
(2.) In the said suit, the plaintiff/petitioner filed an application for temporary and ad interim injunction restraining the defendants/opposite party nos. 1 and 2 jointly and/or severally and/or their men and agents and/or any person from carrying on any construction work in the suit property and/or from changing the nature and character of the suit property in any manner and for temporary injunction restraining the proforma defendant/opposite party nos. 4 and 5 jointly and/or severally and/or their men and agents and/or any person from issuing any permission and/or sanction plan for carrying on any construction. By the impugned order, the Waqf Tribunal dismissed such injunction application on contest.
(3.) Learned counsel for the petitioner argues that although, by virtue of the relevant waqfnama, the waqif Hazi Sk. Karim Buksh provided inter alia that his son, Sk. Hossain, and his heirs shall not be entitled to become mutawalli of the said waqf property ever, the petitioner was appointed as a mutawalli by a valid order of the Chief Executive Officer, Board of Waqfs, West Bengal pursuant to a resolution passed by the M.E. Committee dated January 29, 2003 which had been approved by the Board of Waqfs, West Bengal in its meeting held on March 9, 2003.;