Sk. Asikur Hossain And ORS. v. State Of West Bengal And ORS.

M/L.93.

January 16, 2025.

KAUSHIK WPA No. 29669 of 2024 Sk. Asikur Hossain & Ors.

Vs.

The State of West Bengal and Others Mr. Sudip Das ... for the petitioner.

Mr. Urfan Ali Mondal ... for the respondent nos. 8 to 10.

Mr. Arunava Ganguly ... for the private respondent.

Ms. Munmun Tewary Mr. K. P. Mukhopadhyay ... for the State.

Affidavit of Service filed in Court is taken on record.

The grievance of the petitioners is directed against illegal and unauthorized construction on premises which falls within the jurisdiction of the Wakf Board.

It is submitted on behalf of the respondent that in view of the prayer of the petitioner, there is an alternative efficacious statutory remedy available under the Wakf Act, 1955.

The private respondent is also represented and submits that the instant writ petition is not maintainable and is liable to be dismissed on the ground of the writ petitioners having an alternative efficacious statutory remedy.

In view of alternative efficacious statutory remedy available to the petitioners, WPA 29669 of 2024 is dismissed with liberty to the petitioners to approach the Wakf Board in accordance with law.

It is made clear that there has been no adjudication on the merits of the case and all questions are left open to be decided in terms of the above Act.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities. (Ravi Krishan Kapur, J.)