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2025 DAILYLAW 3554 (CAL)

RAJ KUMAR v. STATE OF WEST BENGAL AND ORS.

WPA/24771/2025 · 2026-08-27

Rishad Medora

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.A. 24771 OF 2025 27.08.2026 Raj Kumar Sl no. 6 Ct no. 22 - Vs – P.M. The State of West Bengal & Ors. Mr. Shenaz Tareq Mina, Mr. Pratick Sardar ... for the petitioner Sk. Md. Galib, Mr. Abu Siddique Mallik ... for the respondent No. 2 – 4 Mr. Madhu Jana, Ms. Simran Sureka ... for the State. . 1. The petitioner has filed this writ petition praying for, inter alia, an order directing the respondent authorities, and specifically the respondent Nos. 3, to provide the petitioner with a copy of the complaint and/or other relevant papers which have resulted in the initiation of Miscellaneous Case No. 15/53 (E.C. No. 887) under Section 54 of the Waqf Act 1995 (now known as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995). 2. The petitioner submits that he has received several hearing notices from the office of the Board of Auqaf, West Bengal calling upon him to appear before it in connection with the aforesaid Misc. Case No. 15/53 (E.C. No. 887). Such hearing notices include the notices dated 19th February, 2020, 12th July, 2025 and 9th September, 2025. 3. The petitioner submits that he has appeared before the Chief Executive Officer of the Board of Auqaf from time to time in connection with the aforesaid case. The petitioner also submits that he has made several requests before such authority to provide him the copy of the aforesaid complaint and/or documents based on which such proceeding has been initiated against, inter alia, him. However, despite such requests, copies of such complaint and/or other related documents have not been provided till date. Accordingly, he prays for an order directing the Board of Auqaf to provide such papers to him so that he is aware of the case sought to be made out against him and enable him to defend himself.. 4. Learned advocate representing the respondent Nos. 2 to 4 submits that the 2 petitioner has never approached his clients seeking a copy of the complaint and/or other relevant documents in respect of the aforesaid proceeding initiated by his client under section 54 of the Waqf Act, 1995. 5. Learned advocate for the respondent Nos. 2 to 4 further submits that the writ petition is premature and since no such request has been made for supply of any papers and documents, this writ petition should be dismissed on this ground alone. He submits that there has been no demand for justice and consequently, no order should be passed in favour of the petitioner. 6. Having heard the rival contention of the parties and having gone through the documents on record, I am of the view that without going into the controversy of the matter as to whether any request was made by the petitioner to the Board of Auqaf to serve copy of papers and documents or not, the Board of Auqaf is under an obligation to serve a copy of the complaint and/or other related papers in relation to the case which has been initiated by it under section 54 of 3 the Waqf Act and the principles of natural justice necessitates the same. 7. It does not matter whether any request has been made or not, and in any event, such request has been made now in the form of the present writ petition. 8. Consequently, the respondent No. 3 is directed to serve a copy of the complaint and other related papers which have led to the initiation of the proceeding, being Miscellaneous Case No. 15/53 (E.C. No. 887) under Section 54 of the Waqf Act 1995 against, inter alia, the petitioner within a period of four weeks from the date of communication of this order. 9. No order as to costs. 10. Accordingly this petition stands disposed of. 11. Since no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. 12. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 4 13. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all usual requisite formalities. (Rishad Medora, J.) 5