Karnataka High Court
Sri Sikandar Babu vs The Karnataka State Board Of Auqaf on 31 October, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
WP No. 21450 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 21450 OF 2022 (GM-WAKF)
BETWEEN:
SRI SIKANDAR BABU
S/O LATE PTM KHADAR SAB
AGED ABOUT 38 YEARS
R/AT HOVINA PETE
GULZAR MOHALLA, WARD NO.22
CHINTAMANI - 563 125.
...PETITIONER
(BY SRI. SYED ZAHEERUDDIN BAREED., ADVOCATE)
AND:
1. THE KARNATAKA STATE
BOARD OF AUQAF
REPRESENTED BY ITS
Digitally signed by
PADMAVATHI B K CHIEF EXECUTIVE OFFICER
Location: HIGH OFFICE AT NO.6
COURT OF
KARNATAKA CUNNINGHAM ROAD
BENGALURU - 560 052.
2. MR.ABBAS KHAN
S/O LATE BASHUSAHEB
AGED ABOUT 62 YEARS
R/AT HYDARI NAGAR
-2-
WP No. 21450 of 2022
MULBAGAL TOWN
KOLAR - 563 131.
...RESPONDENTS
(BY SRI.MOHAMMED TIPPU SULTAN., ADVOCATE FOR C/R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE RECORDS; QUASH THE ORDER DTD.11.10.2022
PASSED BY THE R-1 BEARING IMPUGNED ORDER
NO.KBW/CMC/23/CBP/2010-11 WHICH IS AT ANNEXURE-A.
THIS WRIT PETITION, COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is before this Court calling in question the appointment of 2nd respondent to be the Administrator of the Wakf in terms of its order dated 11.10.2022.
2. Heard Sri.Syed Zaheeruddin Bareed, learned counsel appearing for petitioner and Sri. Mohammed Tippu Sultan, learned counsel representing the respondent No.2.
3. Learned counsel for respondent No.2 would submit that against the order dated 11.10.2022, the petitioner is entitled to -3- WP No. 21450 of 2022 file a revision petition before the Government who would consider whether the appointment of the 2nd respondent as the Administrator of the Wakf was in accordance with law or otherwise.
4. Learned counsel for petitioner, in support of his contentions, would seek to rely on the judgment rendered by the co-ordinate Bench of this Court reported in ILR 2000 KAR 801 in the case of Asthan-E-Khadri Trust and others vs. Karnataka State Board of Wakfs. The said judgment, though dealt with Section 65 of the Waqf Act, 1995, was a case where the Managing Committee of the Wakf was superseded by appointment of an Administrator. It is in those circumstances the Court considered the application without going into the alternative remedy of filing a revision before the Government. Therefore, the said judgment would not lend any assistance to the case of the petitioner.
5. Section 65 of the Waqf Act, 1995 reads as follows:
"65. Assumption of direct management of certain [auqaf] by the Board.--(1) Where no suitable -4- WP No. 21450 of 2022 person is available for appointment as a mutawalli of a [waqf], or where the Board is satisfied, for reasons to be recorded by it in writing, that the filling up of the vacancy in the office of a mutawalli is prejudicial to the interests of the [waqf], the Board may, by notification in the Official Gazette, assume direct management of the [waqf] for such period or periods, not exceeding five years in the aggregate, as may be specified in the notification.
(2) The State Government, may, on its own motion or on the application of any person interested in the [waqf], call for the records of any case for the purpose of satisfying itself as to the correctness, legality or propriety of the notification issued by the Board under sub-section (1) and pass such orders as it may think fit and the orders so made by the State Government shall be final and shall be published in the manner specified in sub-section (1).
(Emphasis supplied) In the light of Section 65(2) of the Act, the petitioner is to approach the Government by filing a revision venting on all the contentions that he has made in the present petition. If a revision of the kind is filed, the Government is to consider the same and pass appropriate orders in accordance with law. -5- WP No. 21450 of 2022
Reserving such liberty and with the aforesaid observations, petition stands disposed.
Sd/-
JUDGE BKP List No.: 2 Sl No.: 1