OD-2 ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/453/2026 AFFAKUZZAMAN KHAN VS STATE OF WEST BENGAL AND ORS BEFORE: The Hon'ble JUSTICE KRISHNA RAO Date : 22nd September, 2026. Appearance: Mr. Suddhasatva Banerjee, Adv. Mr. Rohit Banerjee, Adv. Mr. Niloy Sengupta, Adv. Mr. Sujit Banerjee, Adv. Ms. Sunanda Samanta, Adv. Mr. Ankit Sharma, Adv. …for the petitioner Mr. N.G. Khaitan, Adv. Mr. Arkaprava Sen, Adv. Mr. Ankit Mookherji, Adv. …for the State Mr. Bivek Jyoti Basu, Adv. Mr. Syed Nazmul Hossain, Adv. …for the respondent no. 3 1. The petitioner has filed the present writ application challenging the show-cause notice dated 25th August, 2026, wherein the Additional Secretary to the Government of West Bengal directed the petitioner to show cause within 15 days as to why appropriate actions should not be taken against the petitioner. 2. Learned Counsel appearing for the petitioner submits that the petitioner on receipt of the show-cause notice dated 25th August, 2026, by an e-mail dated 16th September, 2026 requested the authorities to provide the documents on the basis of which the show-cause notice has been issued. 2 3. It is submitted that inspite of receipt of several requests made by the petitioner for supply of documents, the authority has failed to supply the documents, on the other hand the authority has fixed the case for hearing on 22nd September, 2026, at 12:30 P.M. that is, on today. 4. Learned Counsel for the petitioner has drawn the attention of this Court to Paragraph 2 of the show-cause notice, wherein the authority has issued the said show cause notice on the basis of the several documents. But in the show cause notice, only a complaint has been served to the petitioner but the documents have not yet been served to the petitioner. 5. Learned Counsel appearing for the petitioner submits that unless and until the documents which the respondents have relied upon while issuance of the show-cause notice are not served to the petitioner, it is not possible for the petitioner to give reply to the said show-cause notice in detail. 6. The petitioner has relied upon on the judgment in the case of Basudev Dutta Vs. State of West Bengal and others, reported in 2024 SCC Online SC 3616 and submits that in the said case the Hon’ble Supreme Court has categorically held that if any document is relied upon to form the basis of enquiry, such document must be furnished to the employee; it is only then a meaningful reply can be furnished; and the failure to furnish the documents referred and relied in the notice would vitiate the entire proceedings as being arbitrary and in violation of principles of natural justice. By referring to the said 3 judgment, the petitioner submitted in the present case also the respondents relied upon several documents while issuing the show- cause notice but the documents have not been supplied, instead, the authority has fixed the hearing of the case. 7. Learned counsel appearing for the respondent no. 3 submits that though the documents have been supplied to the petitioner but inspite of that the petitioner is intending that further documents are to be supplied, the authorities are ready and willing to supply the documents in course of the day. 8. Learned counsel for the respondent no. 3 further submits that the writ application filed by the petitioner is not maintainable in view of Section 83 of the Waqf Act, 1995. By referring to the said section, learned Counsel for the respondent no. 3 submits that the petitioner has to approach the Tribunal instead of filing the present writ application. He prays for dismissal of the writ petition. 9. Learned counsel appearing for the respondent nos. 1 and 2 has adopted the submission made by the learned Counsel for the respondent no. 3 with regard to the maintainability of the present writ application. He further submitted that the writ petition is liable to be dismissed only on the ground of suppression of the material facts. He has handed over one postal acknowledgement and submits that documents have been received by the petitioner on 16th September, 2026 but the same has been suppressed in the present writ application. 4 10. Learned counsel for the respondent nos. 1 and 2 has drawn the attention of this Court to page no. 35 of the present writ application, that is, the speed post receipt and he has handed over the track report and submits that speed post letter has not been dispatched to the respondent No. 2 but the petitioner has suppressed the said fact before this Court and submitted that notice has been delivered to the respondent authority. 11.Learned Counsel for the respondents has further relied upon the judgment in the case of Board of Wakf Vs Anis Fatima Begum, reported in AIR Online 2022 CAL 272 and submits that the Honble Division Bench of this Court has categorically held that under Section 83 of the Waqf Act, 1995 the writ petition should not be entertained by this Court under Article 226 of the Constitution of India. The petitioner is to approach before the Tribunal under Section 83 of the Waqf Act, 1995. 12. Learned Counsel for the respondent nos. 1 and 2 has drawn the attention of the representation submitted by the petitioner dated 16th September, 2026, wherein the petitioner has admitted that the petitioner has received the document but the said document is not legible. 13.Heard the learned Counsel for the respective parties. 14.Perused the materials on record and the judgments relied by the parties. 5 15.Admittedly, as per Section 83 of the Waqf Act, 1995, no writ petition or the civil suit is maintainable. 16. In the present case, this Court finds that the petitioner has filed the present writ application on the allegation that the show-cause notice has been issued by the respondent authority on the basis of several documents but in the show-cause notice, the authority has only supplied the complaint and the documents which have been relied by the authority while issuing the show cause notice have not been supplied due to which the petitioner is not in a position to submit detailed reply to the show-cause notice. 17. At the time of argument, Learned Counsel for the respondent authorities, particularly the learned Counsel for the respondent no. 3, has admitted on instruction that he will supply the documents to the petitioner in course of the day. 18. In view of the above, this Court finds that the petitioner has filed the present writ application only for the purpose of supply of the documents which is covered by the principles of natural justice. Under such circumstances, this Court finds that the present writ application is maintainable. 19. Learned Counsel for the petitioner has handed over the bunch of documents wherein it reveals that the respondent no. 2 while issuing the show-cause notice has considered the following documents: “i. NOC issued by Khoja Sunnat Jamat dated 07.07.2025 and 08.02.2020 for E.C No 4983 6 ii. Death certificate of Hajee Mahboob Kassim (last recorded Mutawalli in E.C. No. 4983 and E.C No 14015); iii. Voter id card of Late Fathema Md Ali member of Khoja Sunnat Jamat, deceased mother of Khadija Ali and Amna Ali; iv. Death Certificate of Late Fathema Md Ali member of Khoja Sunnat Jamat, deceased mother of Khadija Ali and Amna Ali; v. Jainab Bai Wakifa - Family Tree for E.C No 4983; vi. Sidick Jamall Wakif - Family Tree for E.C No 14015. vii. Copy of Park Street Police Station G.D.E No.2355 dated 25.07.2026.” viii. Board Resolutions dated 22.12.2022 and 06.05.2026 relating to development of Waqf properties.” 20. The respondent authorities are ready and willing to supply the documents by tomorrow (23.09.2026) to the petitioner and thus the respondent no. 3 is directed to supply all the documents as mentioned in Para 19 supra to the petitioner by tomorrow, that is, on or before 23rd September, 2026 and once the petitioner receives all the documents by 23rd September, 2026, the petitioner shall submit a detailed reply to the show-cause notice on or before 30th September, 2026 and on receipt of the reply to the show-cause notice, the authorities shall take appropriate decision in accordance with law. 21. WPO/453/2026 is disposed of. (KRISHNA RAO, J.) gb