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Showing contexts for: Alienation of wakf property in Kerala Wakf Board And Anr. vs State Of Kerala And Anr. on 10 October, 1983Matching Fragments
21. The power was delegated on 20-8-1981 by means of a notification which reads:
"In order to expedite the enquiries regarding unauthorised alienations of Wakf properties, the Kerala Wakf Board exercising its powers under Section 22 of the Wakf Act 29 of 1954, hereby delegate to Advocate Shri P. S. Usuph, the Legal Adviser of the Board, the powers of the Kerala Wakf Board to Hold enquiries contemplated under Section 36-B of the Wakf Act, 29 of 1954. He shall submit bis findings to the Board in the matter of unauthorised alienations of Wakf properties.
In conducting the proceedings as per this delegation, the Legal Adviser shall be assisted by the Investigation Wing of the Wakf Board in particular and all other officers of the Board in general.
The Secretary, Kerala Wakf Board is hereby directed to publish this order in the Gazette and a copy of the same affixed on the Notice Board of the Board's office as laid down in Rule 18 of the Kerala Wakf Rules, 1966."
This notification duly published in the Official Gazette dated 8th September, 1981 was or ought to have been known to the Government. Yet no question was asked by the Government. No direction was issued under Section 63. That question never assumed any importance or occurred to the Government until Shamsuddin made his complaint on 30-1-1982. The notification shows that the power delegated to the Legal Adviser was merely to conduct an enquiry with the assistance of the Board's staff and submit his findings to the Board in the matter of unauthorised alienation of Wakf properties. The decision tc act on the basis of the satisfaction postulated under Section 36B continued to remain with the Board and it was not delegated. The Board did not abdicate its substantive power of decision-making when it delegated the power to conduct an enquiry. Section 36B postulates an enquiry before a decision is taken. It reads: