Karnataka High Court
Mr K Nisar Ahmed vs The Karnataka State Board Of Auqaf on 26 November, 2020
Author: B. M. Shyam Prasad
Bench: B. M. Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF NOVEMBER 2020
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
CIVIL REVISION PETITION NO. 194/2020
BETWEEN :
MR. K. NISAR AHMED
S/O LATE KHAYOON
AGED ABOUT 65 YEARS,
RESIDING AT NO.02 L, 4TH STREET,
ASHOK NAGAR,
BENGALURU - 560 042. ... PETITIONER
(By SRI. AISHWARYA R., ADVOCATE)
AND :
1. THE KARNATAKA STATE BOARD OF AUQAF
DAR-UL-AUQAF
NO.6, CUNNINGHAM ROAD
BENGALURU - 560 052
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER.
2. THE PRESIDENT
THE MUSLIM ORPHANAGE (R)
NO.43, DICKENSION ROAD
SHIVAJINAGAR, BENGALURU- 560 042.
3. THE SECRETARY
THE MUSLIM ORPHANAGE (R)
2
NO.43, DICKENSON ROAD,
SHIVAJINAGAR, BENGALURU- 560 042.
... RESPONDENTS
(BY SRI. MOHD. TIPPU SULTAN FOR R-1;
SRI. NAVEED AHMED FOR R2 AND R3)
THIS CIVIL REVISION PETITION IS FILED UNDER SEC.83(9)
OF WAQF ACT, 1995 AGAINST THE ORDER DATED 20.12.2019
PASSED IN APPLICATION NO. 10/2019, ON THE FILE OF THE
KARNATAKA WAKF TRIBUNAL BENGALURU DIVISION,
BENGLAURU. PARTLY ALLOWING THE APPLICATION FILED
UNDER SECTION 83(2) WAKF FOR DISMISSING THE ORDERS
DATED 15.11.2018 PASSED IN NO. KSBA/MSC/16/BENGALURU
2013-19 BY THE FIRST RESPONDENT.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the petitioner and the learned counsel for the respondents are heard.
2. The petitioner has filed this petition impugning the order dated 20.12.2019 in Application No. 10/2019 on the file of the Karnataka Wakf Tribunal, Bengaluru Division, Benglauru [for short, 'the Tribunal']. The petitioner has filed application in No.10/2019 impugning the Official 3 Memorandum dated 15.11.2018, and the Tribunal by the impugned order dated 20.12.2019 has set-aside one of the conditions of the Official Memorandum dated 15.11.2018 which is issued according approval for development of the land owned by the Muslim Orphanage [the second and third respondents represent the Muslim Orphanage) for the benefit of the orphans from the Muslim Community. The conditions in the Official Memorandum dated 15.11.2018 read as follows:
" The Karnataka State Board of Auqaf hereby accords permission u/s 76 of the Waqf Act 1995 to the management of Muslim Orphanage, Bengaluru to go ahead with the construction of proposed project subject to the following conditions.
1 The institution shall float tenders in a " transparent manner" and award the responsibility of construction to a competent agency.
2. The institution shall utilize the available funds and borrow " interest free loan" from Janab Irfan Razack and repay the same when the 4 property starts yielding rent in a convenient manner.
3. The Institution shall constitute a Project Development Committee comprising of competent members along with Janab Irfan Razack, preferably a muslim serving Engineer not below the rank of Asst. Executive Engineer and the Chief Executive Officer of the Board.
4. The income derived may be used for the object of the institution.
5. The institution shall intimate the progress of project to the board in every quarter".
The Tribunal has set-aside the condition which stipulates that there shall be a Project Development Committee comprising of certain members including Janab Irfan Razack with a direction to the President and the Secretary of the Muslim Orphanage to reconstitute the Committee in accordance with the bye-laws.
3. The learned counsel for the petitioner submits that the entire Official Memorandum dated 15.11.2018 is 5 liable to be quashed because Janab Irfan Razack, who lends funds without interest for the development, is also permitted to be part of the Committee to oversee the development through his own company and this would be akin to Janab Irfan Razack being permitted to apply his funds for his own advantage without any accountability. In response to a specific query by this Court, the learned counsel for the petitioner does not dispute that the conditions excluding the third condition which is set aside by the Tribunal is reasonable inasmuch as it stipulates floating of tenders in a transparent manner and utilization of the funds lent by Janab Irfan Razack without interest and repayment after the development starts yielding.
4. The petitioner's grievance that the conditions in the Official Memorandum dated 15.11.2018 are designed to promote Janab Irfan Razack's interest in the present circumstances cannot be accepted. The constitution of the 6 Committee with Janab Irfan Razack as a member is set aside with a direction for reconstitution and the other clauses are admittedly unreasonable. Therefore, there is no reason for interference by this Court. As regards the assertion by the learned Counsel for the petitioner that despite the Development Committee being set aside, the development of the land is being done under the directions of Janab Irfan Razack without reconstitution of the Committee, it would suffice to observe that the petitioner could work out his remedies available in law.
This revision petition is accordingly disposed of.
SD/-
JUDGE nv