Karnataka High Court
The Managing Committee Of vs The Karnataka State Board Of Auqaf on 25 September, 2019
Author: Alok Aradhe
Bench: Alok Aradhe
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER 2019
BEFORE
THE HON'BLE MR. JUSTICE ALOK ARADHE
WRIT PETITION NO.43636 OF 2019 (GM-WAKF)
BETWEEN:
THE MANAGING COMMITTEE OF
SHAH INAYATH MASJID AND JAMIA MASJID,
CHICKBALLAPUR DISTRICT-562101
REPRESENTED BY ITS PRESIDENT,
M.D.SHAFIULLA SAHEB
... PETITIONER
(BY SMT.POONAM S PATIL, ADV.)
AND:
1. THE KARNATAKA STATE BOARD OF AUQAF
NO.6, CUNNINGHAM ROAD,
BANGALORE-560052
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
BENGALURU CITY.
2. THE ADMINISTRATOR
THE KARNATAKA STATE BOARD
OF AUQAF, NO.6,
CUNNINGHAM ROAD,
BANGALORE-560052
... RESPONDENTS
(BY SRI.D NAGARAJ, ADV.)
----
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DTD: 31.8.2019 PASSED BY THE R-1 VIDE ANEXURE-A;
AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
Smt.Poonam S Patil, Learned counsel for the petitioner.
Sri.D.Nagaraj., learned counsel for the respondents.
The writ petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 31.08.2019 by which in exercise of powers under Section 65 of the Wakf Act, 1995, (hereinafter referred to as 'the Act' for short) the Karnataka State Board of Wakf has appointed an Administrator.
3. When the matter was taken up today, learned counsel for the petitioner fairly submitted that the term of the Managing Committee of the petitioner 3 had expired on 05.06.2019 on the ground that there has been mismanagement of the Wakf institution. Therefore, an opportunity of hearing ought to have been afforded to the petitioner. In support of the aforesaid submission, reliance has been placed on the decision of this Court in 'ASTHAN-E-KHADRI TRUST AND OTHERS VS. KARNATAKA STATE BOARD OF WKFS AND OTHERS', ILR 2000 KAR 801. Attention of this Court has been invited to the finding recorded in para 18 of the aforesaid decision. On the other hand, learned counsel for the respondents submitted that since the term of the petitioner has expired, therefore, the petitioner has no right to be heard.
4. I have considered the submissions made by learned counsel on both the sides. Admittedly, the term of the Committee had expired on 05.06.2019. Therefore, the committee has no right to continue beyond 05.06.2019 and the respondents were well within their rights to appoint an Administrator. It is 4 evident that the Administrator without affording an opportunity of hearing has recorded a finding that there has been a report of mismanagement of the Wakf Institution. The aforesaid mismanagement cast aspersions on the petitioner and the impugned order is stigmatic in nature. Therefore, in the fact situation of the case, the petitioner ought to have been afforded an opportunity of hearing before passing the impugned order. Since, the impugned order is passed without affording an opportunity of hearing to the petitioner and the same is stigmatic in nature the same is hereby quashed. The respondents are granted the liberty to afford an opportunity of hearing to the petitioner and thereafter take an action in terms of Section 65 of the Act. Needless to state that since, the term of the managing committee has expired, the respondents are at liberty to hold elections in respect of the Managing Committee of the Wakf in question.
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With the aforesaid liberty, the petition is disposed of.
Sd/-
JUDGE SS