WP(C) 1500/2008 BEFORE THE HON’BLE MR JUSTICE BP KATAKEY Heard Mr. Mandol, learned counsel for the petitioners and Ms VL Singh, learned S tate counsel appearing for the respondent Nos. 1 and 2. Also heard Mr. K Talukda r, learned counsel appearing for the respondent No. 3 and Mr. Bhuyan, learned co unsel appearing for the respondent No. 4. It is the case of the petitioners that the respondent No. 4 who has been appoint ed as Mutwalli on 19.8.1995 of Badarpur Railway Zame Masjid Wakf Estate by the S ecretary, Assam Wakf Board, initially on provisional basis and thereafter on 25. 3.1997 as the Mutwalli, he has committed certain irregularities and misappropria ted the fund of the Wakf property for which a number of complaints were filed be fore the respondent Board but the same have not been looked into. The further ca se of the petitioner is that the accounts of the Wakf property have also not bee n submitted to the authority concerned. The respondent No. 4 in his affidavit-in-opposition has refuted the allegations levelled by the petitioner in the writ petition and has submitted that the Wakf property has been managed by the respondent No. 4 in accordance with law and wit hout any complain from any quarter. It has also been contended that the required accounts are submitted to the authority concerned regularly which have also bee n audited by the auditor. The Chief Executive Officer of the Assam Wakf Board has also in his affidavit-in -opposition stated that there is no irregularity committed by the respondent No. 4 and the provisions of the Wakf Act 1995 have been followed. The petitioner, however, in the affidavit-in-reply filed, disputed the contentio n of the respondent No. 4 in the affidavit-in-opposition that the respondent No. 4 has not misappropriated the Wakf property. Since the records were not produced despite the orders passed by this Court earl ier, this Court vide order dated 30.3.2010 directed the personal appearance of t he Chief Executive Officer of the Assam Wakf Board along with the records. Accor dingly Sri Nurul Haque, the Chief Executive Officer is personally present before this Court and produced the relevant records. It appears from the records that there were certain complaints against the Mutwa lli. An enquiry was conducted on 16.1.2007 by the earlier Chief Executive Office r and as there was settlement between the Mutwalli and the complaining party, th e matter did not proceed further. Since there were certain complaints against the Mutwalli those complaints cannot be ignored as the complaining party had decided not to proceed further. The Ass am Wakf Board has the duty and responsibility to make enquiry in case there is a ny allegation about the functioning of the Mutwalli. That being the position, the present writ petition is disposed of with the direc tion to the respondent Nos. 2 and 3 to make necessary enquiry relating to the al legations as levelled by the petitioners and to take necessary action in that re gard in accordance with the provisions of the Wakf Act 1995. The said enquiry is directed to be completed within a period of three months from today. It is needless to say that while making such enquiries, the petitioner, responde nt No. 4 and all other persons who according to the respondent No. 4 are require d to be heard shall be heard. The writ petition is accordingly disposed of. No cost.