IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.19205 OF 2016 (GM - WAKF) BETWEEN:
EIDGAH, A REGISTERED WAKF, REPRESENTED BY ITS SECRETARY, MR.TAJ MOHAMMED KHAN, AGED ABOUT 71 YEARS, UMAR KHAYAM ROAD, TILAK NAGAR, (ANEGUNDI ROAD), MYSROE – 570 021.
(BY SRI. L.M.CHIDANANDAYYA, ADVOCATE) AND:
1. KARNATAKA STATE BOARD OF WAKF, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, “DARUL AUQAF”, NO.6, CUNNINGHAM ROAD, BANGALORE – 560 052.
2. MR.MUJIBULLAH ZAFFARI, SPECIAL OFFICER (SURVEY), KARNATAKA STATE BOARD OF WAKF, …PETITIONER “DARUL AUQAF”, NO.6, CUNNINGHAM ROAD, BANGALORE – 560 052.
...RESPONDENTS (BY SRI. M.H.HANEEF, ADVOCATE FOR C/R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ANNEXURE – A DATED 04.02.2016 PASSED BY R-2 AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.L.M.Chidanandayya, learned Counsel for the Petitioner.
Sri.M.H.Haneef, learned Counsel for the Respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, prays for the following reliefs:-
“ (i) Call for the records which ultimately resulted in passing the order Annexure-A dated 04.02.2016 bearing No.KSBA/MSC/03/MYS/2015-16 passed by 2nd Respondent.
(ii) Issue an order, direction or writ in the nature of Certiorari, quashing the order Annexure-A dated 04.02.2016 passed by the 2nd Respondent bearing No.KSBA/MSC/03/MYS/2015-16.
(iii) Restrain the Respondents from interfering with the management and administration of the Petitioner Eidgah and (iv) Issue such other relief/s which this Hon’ble Court may deem fit in the facts and circumstances of the case, including the cost of this writ petition, in the interest of justice”.
3. When the matter is taken up today, learned counsel for the petitioner submitted that an Administrator was appointed on 04.02.2016 and since then, the tenure of Administrator is being continued from time to time and therefore, the writ petition be disposed of with a direction to the 1st Respondent to conduct the Election of the Eidgah committee in accordance with law.
4. In view of the aforesaid submission, the writ petition is disposed of with a direction to the 1st Respondent namely, Karnataka State Board of Wakf to take decision of conducting elections to Eidgah Committee in accordance with law expeditiously, within a period of four weeks from today.
Sd/- JUDGE Srl.