Karnataka High Court
Dr Mohammed Yousuff vs The State Of Karnataka on 18 September, 2019
Author: Alok Aradhe
Bench: Alok Aradhe
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER 2019
BEFORE
THE HON'BLE MR. JUSTICE ALOK ARADHE
WRIT PETITION NOs.43936 - 941/2019 (GM-WAKF)
BETWEEN:
1. DR. MOHAMMED YOUSUFF
S/O LATE MOHAMMED AHMED
AGED ABOUT 73 YEARS
NO.8, 5TH CROSS, M R GARDEN
BANGALORE - 560006.
2. SRI ASIF ALI SHAIK HUSSAIN
S/O LATE SHAIKH HUSSAIN
AGED ABOUT 66 YEARS
AMEENPUR STREET
GADAQ ROAD
KOPPAL - 583231.
3. SRI SYED NASIR HUSSAIN
S/O SYED HAFEEZ
AGED ABOUT 49 YEARS
NO.164, BANDIHATTI ROAD
EX-SERVICEMEN COLONY
COWL BAZAR
BALLARI - 583122.
4. SRI TANVEER SAIT
S/O LATE AZEEZ SAIT
AGED ABOUT 52 YEARS
NO.532, 3RD MAIN
M G ROAD CROSS
UDAYAGIRI
MYSURU - 580019.
2
5. SMT. KANEEZ FATIMA
W/O LATE QUMARUL ISLAM
AGED ABOUT 55 YEARS
NO.1-864/5, M.S.K, MILL ROAD
KALBURGI-583231.
6. SRI K ANWER BASHA
S/O KHAZI ABDUL KAREEM
AGED ABOUT 51 YEARS
ISLAMIC ARABIC MADARASA
MINORITY EDUCATION SOCIETY
NAGASAMUDRA VILLAGE
MOLKALMURU TALUK
CHITRADURGA - 577535.
... PETITIONERS
(BY SRI JAYAKUMAR S PATIL - SENIOR COUNSEL FOR
SRI MAHAMAD TAHIR A - ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560 001
REPRESENTED BY ITS CHIEF SECRETARY.
2. THE STATE OF KARNATAKA
THE DEPARTMENT OF MINORITY WELFARE
HAJ & WAQFS, VIKASA SOUDHA
BENGALURU - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. THE REGIONAL COMMISSIONER
BANGALORE DIVISION
BANGALORE AND ELECTORAL REGISTRATION OFFICER
ELECTION TO THE KARNATAKA STATE
BOARD OF AUQAF
2ND FLOOR BMTC BUILDING
K H ROAD, SHANTINAGAR
BANGALORE - 560 027.
3
4. KARNATAKA STATE BOARD OF AUQAF
CUNNINGHAM ROAD
VASANTH NAGAR
BENGALURU - 560 051
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
... RESPONDENTS
(SHRI SRIDHAR N. HEGDE, HCGP)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT R-1 AND 2 TO CONSTITUTE / APPOINT MEMBERS
UNDER SECTION 14(9) OF THE WAKF ACT, 1995 AS
AMENDED BY THE WAKF (AMENDMENT) ACT, 2013 [27 OF
2013] AND RULE 40 OF THE KARNATAKA STATE BOARD OF
WAKF KARNATAKA WAKF RULES 2017 THROUGH
NOTIFICATION IN OFFICIAL GAZETTE VIDE ANNEXURE-C
WITHIN SEVEN DAYS AND ETC.,
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Shri Jayakumar S. Patil, learned Senior counsel for petitioners.
Shri Sridhar N. Hegde, HCGP for respondents. 4 Petitions are admitted for hearing. With consent of learned counsel for the parties, the matter is heard finally.
2. In these petitions, petitioners interalia seek a writ of mandamus directing Respondents No.1 and 2 to constitute / appoint members under Section 14(9) of the Wakf Act, 1995 as amended by the Wakf (Amendment) Act, 2013 and Rule 40 of the Karnataka Wakf Rules, 2017 by a notification in the official gazette within seven days.
3. When the matter was taken up today, learned Senior Counsel for the petitioners submitted that the election to the Wakf was held on 7.3.2019 and thereafter in accordance with Rule 40 of the Karnataka Wakf Rules, Respondents 1 and 2 were to notify the names of the elected members of the Karnataka State Board of Wakf within a period of two weeks. However, till today, no action has been taken in the matter.
4. On the other hand, learned AGA submits that suitable action, in accordance with law, shall be taken.
5. In view of submissions made and bearing the mandate contained under Rule 40 of the Rules, Respondents 5 1 and 2 are directed to notify the names of elected members of the Karnataka State Board of Wakf, within a period of two weeks by a publication in the official gazette, by way of a notification.
Accordingly, the petitions are disposed of.
Sd/-
JUDGE KS