Form No. J (2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE PRESENT: THE HON’BLE JUSTICE RISHAD MEDORA WPA 26926 of 2025 ATIF ALAUDDIN & ORS. VS THE STATE OF WEST BENGAL & ORS. For the Petitioners For the State :: Mr. Gourab Ghosh .....Advocates For the respondent nos.2 & 3 For the respondent no.4 : Mr. Madhu Jana, Mr. Vaibhav Prakash .....Advocate Mr. Nadeem Sulaiman, Mr. Muhammad Johwod ....Advocate Mr. Sumit Kumar Ray, Mr. Nayeemuddin Munshi .....Advocate Heard on : 23rd September, 2026. Judgment and Order on : : 23rd September, 2026. Rishad Medora, J.: 1. The petitioners have filed the present writ petition praying for, inter alia, a writ of Mandamus directing the respondent nos.2 and 3 to W.P.A . 26926 of 2025 cancel, rescind or withdraw the purported final hearing notice vide Memo No.1304(5) dated November 12, 2025 issued by the Chief Executive Officer, the Board of Auqaf, West Bengal. 2. During the course of argument, learned advocate representing the petitioners submits that the primary grievance of the petitioners is that they have not been handed over certain documents in connection with a proceeding initiated under Section 54 of the Waqf Act, 1955 (now known as The Unified Waqf Management, Empowerment, Efficiency and Development Act, 1955 as amended by the WAKF (Amendment) Act, 2025) in respect of E.C. No.1132 (Osman Mullick Waqf Estate). He submits that such proceeding has been initiated against them on the allegation that they are encroachers on the aforesaid Waqf Estate. He further submits that they have been appearing before the respondent nos.2 and 3 authorities from time to time in connection with the aforesaid proceeding. He draws attention of this Court to page 77 of the writ petition and states that his clients are desirous of obtaining the documents enumerated at page 77 which are quoted as follows: 1) “Copy of the complaint made by the Mutawalli for initiation encroachment proceeding against my abovenamed clients. 2) Please supply me the copy of the show cause notice issued against my clients. 3) Please supply me the copy of enquiry notice issued against my client. 4) Please supply me the copy of the enquiry report. 5) Please supply the copy of the resolution dated 06.11.2025.” W.P.A . 26926 of 2025 3. Learned advocate representing the respondent nos.2 and 3 opposes the prayer of cancellation or quashing of the aforesaid hearing notice. He submits that the petitioners have been avoiding appearing before the respondent nos.2 and 3 authorities and are only interested in prolonging the aforesaid proceedings initiated under Section 54 of the Waqf Act, 1955. He, however, fairly submits that his clients have no objection in handing over the documents sought by the petitioners. 4. Learned advocate representing the respondent no.4 echoes the submission made on behalf of the respondent nos.2 and 3. 5. I have considered the submissions of the learned advocates as well as the materials on record. 6. I am of view that the Board of Auqaf is under an obligation to serve a copy of the complaint and/or other related papers in relation to the proceeding which has been initiated by the Board under Section 54 of the Waqf Act, 1955 against the petitioners and the principles of natural justice necessitates the same. 7. Consequently, the respondent nos.2 and 3 are directed to hand over copies of the documents sought by the petitioners vide their advocate’s letter dated November 10, 2025, which is appearing at page 77 of the writ petition, within a period two weeks from date, provided such documents are in existence. In the event the respondent nos.2 and/or 3 are relying on any other document/s in the aforesaid proceeding copies of such document/s must also be provided to the petitioners within two weeks from date. W.P.A . 26926 of 2025 8. Upon receipt of such papers, the petitioners will be under an obligation to participate in the proceedings initiated against them under Section 54 of the Waqf Act, 1955 in accordance with law and subject to their rights and contentions. 9. The writ petition stands disposed of accordingly. 10. There will be no order as to costs. 11. Since I have not called for any affidavit, the allegations contained in the writ petition are deemed to have not been admitted by the respondents. 12. All parties shall act on the basis of a server copy of this judgment and order duly downloaded from the official website of this Court. 13. Urgent photostat certified copy of this judgment and order, if applied for, be given to the parties upon compliance of all necessary formalities. (RISHAD MEDORA, J.) pp