Subrata Ghar vs State Of West Bengal And Ors.

There is no element of any Police inaction in the instant case. The dispute in question is that the writ petitioner has purchased a land from a private

individual. A Mutwali of the Wakf Estate in question being the private respondent herein has objected to enjoyment of the property by the petitioner

and has claimed that the same is Wakf property.

Upon a complaint being lodged before the Sub-Divisional Magistrate, Burdwan (Sadar) by the petitioner the former addressed letters to the Chief

Executive Officer, Wakf Board, West Bengal for information and opinion as regards whether the property in question is a wakf property. The Wakf

Board has remained silent completely and not even bothered and initiate investigation or enquiry as to whether the property in question is in fact a

wakf property or not.

The learned counsel for the Wakf Board submitted that this matter ought to be referred to the Board for appropriate decision under Section 40 of the

Wakf Act, 1995. It appears that Section 40 of the said Act authorises the Board itself to collect information with regard to any property which it may

consider as the wakf property and take appropriate steps in that regard. It is distressing to note that despite repeated requests the Wakf Board

remained silent. One could presume that the property in fact not be a wakf property.

However, this court does not wish to give any finding in that regard. The inaction on the part of the Wakf Board is not appreciated. The Wakf Board

cannot be allowed to on one hand abdicate its responsibilities and also claim exclusive right to decide as to whether a property is its property or not.

Citizens cannot be expected to wait in perpetuity for the Wakf Board to wake up from slumber and self imposed coma. In such circumstances, the

Wakf Board and/or the C.E.O.

concerned shall submit appropriate documents and their findings as regards the said property to the Sub-Divisional Magistrate, Burdwan (Sadar)

within a period of 5 weeks from the date of communication of this order. The Sub-Divisional Magistrate shall thereafter take a decision on the matter

in consultation with the local B.D.O. and the B.L.L.R.O. as regards the title of the petitioner and the nature of the property in question.

The Sub-Divisional Magistrate, Burdwan (Sadar) may take a decision on the matter within a period of three weeks from the date of receipt of

communication from the Wakf Board. It is made clear that in the absence of any communication and action from the Wakf Board as indicated above,

the Sub-Divisional Magistrate shall proceed to decide the matter with the materials available on record.

Such decision by the Magistrate shall be taken within a period of 7 weeks from date. With the above observations, W.P. 4140(W) of 2018 stands

disposed of. There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, shall be given to the parties as

expeditiously as possible on compliance of all necessary formalities.