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Calcutta High CourtWPA/25538/2022dismissed for default

Rowshanara Begum And ANR. v. State Of West Bengal And ORS.

2022-12-21Hon'Ble Justice Shampa Sarkar2 pages

21.12.2022 Sl. No.71(ML) srm W.P.A. No. 25538 of 2022 Rowshanara Begum & Anr.

Versus

The State of West Bengal & Ors.

Md. Rafiqul Islam ....for the Petitioners.

Mr. Malay Singh, Mr. Tapas Ballav Mandal ...for the State-respondents.

Md. Salauddin, Md. Ahsanuzzaman ...for the Board of Wakfs.

Affidavit-of-service is taken on record.

The petitioners allege that the Pradhan, Dwarka Gram Panchayat, District-Birbhum, did not proceed to deal with the application for permission to construct on the property in question.

The property admittedly is a wakf property. Unless the petitioners obtain a 'no objection' from the Board of Wakfs with regard to the proposed construction on a wakf property, the Court cannot pass any mandatory directions upon the Pradhan to consider the application for grant of sanction.

Under such circumstances, the writ petition is disposed of without any orders.

The court has not gone into the merits of the issues involved. The petitioners may apply before the Board for necessary permission.

There shall be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertakings. (Shampa Sarkar, J.)