IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 9TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT APPEAL No.1619 OF 2018 (GM - WAKF) BETWEEN:
KARNATAKA WAQFS PROTECTION JOINT ACTION COMMITTEE (REGD.,) NO.2, CARIAPPA BHAVAN, RESIDENCY ROAD, BENGALURU – 560 025.
REPRESENTED BY ITS GENERAL SECRETARY, M.J. ALI.
... APPELLANT (BY SRI B.A.BELLIAPPA, ADVOCATE) AND:
1. THE SECRETARY TO GOVERNMENT MINISTRY WELFARE DEPARTMENT AND WAQF, 2ND FLOOR, VIKAS SOUDHA, BENGALURU – 560 001.
2. ADMINISTRATOR KARNATAKA STATE BOARD OF WAQF, NO.6, CUNNINGHAM ROAD, BENGALURU – 560 052.
3. THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF WAQF, NO.6, CUNNINGHAM ROAD, BENGALURU – 560 052.
... RESPONDENTS (BY SRI LAKSHMINARAYANA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SMT.S.R.ANURADHA, ADVOCATE FOR RESPONDENT NO.3;
RESPONDENT NO.2 SERVED UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.13182 OF 2018 DATED 05.04.2018.
THIS WRIT APPEAL COMING ON FOR ADMISSION, THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER Aggrieved by the order dated 5.4.2018 passed in Writ Petition No.13182 of 2018 by the learned Single Judge, in dismissing the writ petition, the writ petitioner therein has filed this writ appeal.
2. The case of the petitioner is that an Administrator has been appointed in place of the Waqf Board in terms of the order dated 19.8.2011 at Annexure-A. Since then, he has been functioning as the Administrator. In the interregnum, he has bifurcated Bengaluru District Waqf Advisory Committee into Bengaluru North and Bengaluru South, in terms of the order dated 12.3.2018 and appointed members for Bengaluru North and Bengaluru South. Challenging this action of the Administrator, the instant writ petition was filed.
3. The learned Single Judge came to the view that the Board has ample powers to bifurcate Bengaluru District into Bengaluru North and Bengaluru South. Since the Board has the said power, obviously, the Administrator who has stepped into the shoes of the Board under Section 99 of the Waqf Act, 1995, too has ample power to bifurcate Bengaluru District into Bengaluru North and Bengaluru South.
4. We find that the this reason of the learned Single Judge, is inappropriate. An Administrator is appointed for the purpose of conducting the day today affairs of the Board. In fact, the language used in the order of appointment also indicates the said position of law. Only because he entered into the shoes of the Board, does not mean that he can exercise all the powers of the Board and divide Bengaluru District into two divisions. It is a major decision having a far reaching effect. The Administrator has no authority to pass such an order. The consequential order of appointing the Members for the Bengaluru District Waqf Advisory Committee, both for Bengaluru North and Bengaluru South, also cannot stand the scrutiny of law. That also has to be set-aside.
4. It is submitted that presently, the election to the Board has been held. The members have been elected. Additionally, four members have to be appointed and the same will be done by the end of 2019. In view of the same, it is for the new Board to take action as it deems fit. The action of the Administrator in bifurcating the Bengaluru District Waqf Advisory Committee into Bengaluru North and Bengaluru South and appointing the Members for the Bengaluru District Waqf Advisory Committee, both for Bengaluru North and Bengaluru South, requires to be set aside.
5. In the circumstances, we pass the following order:
(i) The Writ appeal is allowed.
(ii) The order of the learned Single Judge dated 5.4.2018 passed in writ petition No.13182 of 2018 is set aside.
(iii) The orders passed by the respondent No.3 vide Annexures-D and E, both dated 12.03.2018, are hereby quashed.
Sd/- JUDGE Sd/- JUDGE Cs/-