Karnataka High Court
Syed Asadulla Hussaini S/O Imam Jaffar ... vs The Karnataka State Board Of ... on 17 April, 2013
Author: K Sreedhar Rao
Bench: K.Sreedhar Rao
1
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT
GULBARGA
DATED THIS THE 17TH DAY OF APRIL 2013
BEFORE
THE HON'BLE MR. JUSTICE K.SREEDHAR RAO
WRIT PETITION NOs.82615-17/2010 (GM-WAKF)
BETWEEN:
SYED ASADULLA HUSSAINI
S/O IMAM JAFFAR HUSSAINI
AGE: 47 YEARS
LATE SAJJADANASHEEN AND MUTHAWALLI OF
DARGA HAZARATH KHAJA AMEENUDDIN ALI AALA (R.A),
R/O NO.631, STATION ROAD,
BIJAPUR.
... PETITIONER
(BY SRI: R S SIDHAPURKAR, ADV.)
AND:
1. THE KARNATAKA STATE BOARD OF WAKFS,
DARUL-AWKAF
NO.6, CUNNINGHAM ROAD,
BANGALORE- 560 052
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER,
2. THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD OF WAKFS,
DARUL-AWKAF, NO.6 CUNNINGHAM ROAD,
2
BANGALORE- 560 052.
3. SYED AMEERULLA HUSSAINI
S/O SYED MOINUDDIN HUSSAINI LATE
AGE: 62 YEARS
OCC:AGRICULTURE,
NEAR JAIL,DARGAH MOHALLA OF HAZRATH
KHAJA AMMEENUDDIN ALI AALA,
BIJAPUR.
4. SYED TANZIR PASHA HUSSAINI
S/O SYED SHABBIR PASHA HUSSAINI
AGE: 30 YEARS
OCC: AGRICULTURE,
R/O NEAR JAIL, DARGAH MOHALLA OF
HAZRATH KHAJA AMMEENUDDIN ALI AALA,
BIJAPUR.
5. SYED ZAMER PASHA HUSSAINI
S/O AFSAR PASHA HUSSAINI LATE
AGE: 28 YEARS
OCC:AGRICULTURE,
R/O NEAR JAIL,DARGAH MOHALLA OF HAZRATH
KHAJA AMMEENUDDIN ALI AALA,
BIJAPUR.
... RESPONDENTS
(BY SRI: P.S MALIPATIL, ADV. FOR R.1 & R.2
SRI VEERESH B. PATIL, ADV. FOR R.3 & R.4
SRI S S. HALAHALLIK ADV. FOR R.5)
THESE W.P. FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI, QUASHING THE ORDER DATED 17.04.2010 AND
05.05.2010 PASSED IN FILE NO: KBW/ENQ/93/BJR/2009-10
PASSED BY THE FIRST RESPONDENT AND ALSO THE ORDER
DATED 07.07.2010 PASSED IN FILE NO: KWT/BJR/SR-7/2010
PASSED BY THE WAKF TRIBUNAL, BELGAUM, THE COPIES OF
3
WHICH ARE PRODUCED AT ANNEXURES-B, C AND D
RESPECTIVELY PASSED BY THE FIRST RESPONDENT AND THE
WAKF TRIBUNAL, BELGAUM, IN THE INTEREST OF JUSTICE
AND EQUTIY.
These petitions coming on for Prl. Hearing in 'B' group this
day, the Court made the following:-
ORDER
The petitioner was working as Mutvalli of Darga Hazarath Khaja Amminuddien Ali Ala (R.A), Bijapur. The petitioner has been removed from Mutvalli on the ground of illegal transfer of Wakf property in the name of his wife and children. The Wakf Board issued notice and directed an enquiry and as a fact, it was found that illegally the Wakf property has been transferred in favour of petitioner's wife and children and he was removed from the post of Mutvalli.
2. It is the contention of the petitioner that the land in question was granted to him by the Land Tribunal and it is an individual grant. Per contra, it is the contention of the respondents that it is notified that the property is Wakf property in the year 1977. The respondents further submits 4 that in the enquiry before the Wakf Board, the petitioner by written submission has stated that by ignoring the legal position regarding ownership of land, he has transferred the property in favour of his wife and children and has admitted his guilt.
3. The Wakf Board has taken into consideration the order passed by the Land Tribunal and issued notice in the year 1977 declarring the property as Wakf property. In the written submission before the Wakf Board, the petitioner does admit his lapse that he was not knowing the legal position when he transferred the property in favour of his wife and children. In the context of the above material, it is clear that the property belonging to Wakf Board, has been transferred in favour of the wife and children of the petitioner. There is no credible material placed by the petitioner to show that it is an individual grant. It is the contention of the respondents that by suppressing the material facts, the Form No.7 is filed and grant order is obtained which is illegal. Wakf Board is not a 5 party to the proceedings before the Land Tribunal. Therefore, in the context of the facts, there does not appear to be any merit in these writ petitions. Accordingly, the writ petitions are dismissed.
Sd/-
JUDGE Nm