Kolkata, Oct. 26 -- The Calcutta High Court has upheld the West Bengal Board of Auqaf's authority over the historic Baish Hajari Estate in Malda and Dinajpur, dismissing a challenge by two joint mutawallis who were barred from managing the waqf properties.
Justice Md. Shabbar Rashidi, in a judgment delivered recently, affirmed a March 24, 2010, order of the District Judge, Malda, placing the estate's administration under the Waqf Board and directing that disputes be dealt with under the Waqf Act, 1995.
The estate originated through three successive sanads issued by Mughal Emperor Shah Alam, the East India Company and the Nawab Nazim of Murshidabad in favour of Syed Sadiruddin-ul-Muswi. A suit instituted by the then Collector of Malda in 1916 led to the framing of a scheme for its administration. In 2006, the District Judge appointed the petitioners as joint mutawallis.
The petitioners challenged their removal, arguing that the order had been passed without an adequate opportunity to be heard.
Rejecting the contention, the High Court noted that their advocate was present and heard when the order was passed.
The record also contained no request for permission to file written objections.
The court observed that Section 32 of the 1995 Act vested the Board with general superintendence over waqf properties, including those governed by schemes framed by courts.
Section 66 provides for the state government to exercise specified powers concerning the appointment or removal of mutawallis where a deed, court order or management scheme vests such authority in an institution other than the Board.
The judge clarified that the parties' rights remained to be decided by the Board, taking into account the waqf deed, the founder's intention and the purposes for which the estate was created.
Published by HT Digital Content Services with permission from Millennium Post.