IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.23541-542 OF 2019 (GM-WAKF) BETWEEN:
1. SMT M B SHARADAMMA D/O LATE BYRAPPA W/O MARAPPA REDDY AGED ABOUT 89 YEARS R/O NO 55 NANDIDURGA ROAD BENGALURU – 560 046 2. SMT HEMALATHA W/O M B RAMACHANDRAN AGED ABOUT 70 YEARS R/AT NO 55 NANDIDURGA ROAD BENGALURU – 560 046 (BY MR. H RAMACHANDRA, ADV.) AND:
1. MASJIDE-E-AZAM (SUNNI) JUMMA MASJID ROAD BANGALORE – 560 052 REPRESENTED BY THE MANAGER MOHAMMED ILAYS 2. KARNATAKA STATE BOARD OF AUQAF REP BY ITS SECRETARY NO 6 CUNNINGHAM ROAD BANGALORE – 560 052 … PETITIONERS … RESPONDENTS (BY MR. M S RAJENDRA PRASAD, SENIOR COUNSEL FOR MR. M S MUKARRAM, ADV. FOR R1, MR. SYED IMRAN, ADV. FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENTERTAINMENT OF AMENDED PLAINT IN THE COURT OF THE INQUIRY OFFICER UNDER SECTION 54 OF THE WAKF ACT, 1995 KARNATAKA STAE BOARD OF AUQAF PRODUCED AT ANNEXURE-H DTD: 8.5.2019; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.H.Ramachandra, Learned Senior Counsel for the petitioner.
Mr.M.S.Rajendra Prasad, learned Senior counsel for Mr.M.S.Mukarram, learned counsel for respondent No.1.
Mr.Syed Imran, learned counsel for respondent No.2.
Petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioner inter alia has assailed the validity of the order dated 08.05.2019 passed by the Enquiry Officer under Section 54 of the WAKF Act, 1995.
3. When the matters were taken up today, learned counsel for the parties jointly submitted that since, the impugned order has been passed without affording an opportunity of hearing to the petitioner, the same may be quashed and the matter be remitted to the Enquiry Officer to decide the application under Order 1 Rule 10 of Code of Civil Procedure, 1908 afresh by speaking order.
4. In view of the aforesaid submission and taking into account the fact that the impugned order has been passed in violation of the principles of natural justice inasmuch as neither any notice nor any opportunity of hearing was afforded to the petitioner. The impugned order dated 08.05.2019 is hereby quashed and the matter is remitted to the Enquiry Officer to decide the application after affording an opportunity of hearing to the necessary parties by a speaking order in accordance with law within a period of three weeks from the date of receipt of certified copy of the order passed today.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE SS