IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.22857-22858/2018 (GM -
WAKF) Between:
Mohammedia Educational Charitable Religious and Welfare Trust, No.60/1, 2nd Main, 6th Cross, Kodichikkanahalli Main Road, Cauvery Nagar, Bommanahalli, Bangalore – 560 068.
Represented by its President, Shaik Sadiqualla.
(By Sri.Naveed Ahmed, Advocate) And:
1. Karnataka State Board of Wakf, ‘Darul Aqaf’, No.6, Cunningham Road, Bangalore – 560 052. Represented by its Chief Executive Director.
2. Managing Committee (under challenge), Masjid –e-Mohammadia, Cauvery Nagar, Bommanahalli, …Petitioner Bangalore – 560 068. Represented by its Secretary Sri.Jabbar Khan.
(By Sri.B.Manjunatha, Advocate for Sri. M.H.Haneef, Advocate for R2;
...Respondents Smt. S.R.Anuradha, Advocate for R1 (Absent)) These Writ Petitions are filed under Article 226 of the Constitution of India praying to quash the impugned Certificate of Registration issued by the 1st Respondent – Board dated 26.08.2016 at Annexure – A and etc., These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:
O R D E R Sri. Naveed Ahamed, learned Counsel for the petitioner.
Sri. B Manjunatha, learned Counsel Sri. M.H. Haneef, learned Counsel for respondent No.2.
The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In these writ petitions, under Article 226 of the Constitution of India, the petitioner, inter alia, seeks Writ of Certiorari for quashing of the impugned Certificate of Registration dated 26.08.2016 vide Annexure-A as well as writ of Certiorari for quashment of the impugned order dated 27.03.2018 vide Annexure-B issued by respondent No.1 by which respondent No.2-Managing Committee has been constituted.
3. The facts giving rise to filing of the writ petitions briefly stated are that, the petitioner was appointed in the year 1996 with the object of establishing religious and charitable institution. The petitioner on 09.07.2012 acquired immovable property bearing No.61, situated at ward No.14, Cauvery nagar, 2nd Main Road, Bomanahalli, Bangalore South Taluk, Bangalore. However, pon 26.09.2016, respondent No.1 –Board without any notice to the petitioner-Trust and without following the due process prescribed in law, proceeded to effect registration of Masjid-e-Mohammadiya including the property belonging to the Trust. In the aforesaid factual background, the petitioner has approached this Court.
4. Learned counsel for the petitioner submitted that the impugned order dated 26.08.2016 has been passed in violation of Section 40(3) of the Wakf Act, 1995, inasmuch as the property in question belongs to the Trust and the petitioner which is a Trust has not been given the notice with regard to the registration of the Trust nor has been given any opportunity of hearing before passing the impugned order.
5. Learned counsel for respondent No.2 was unable to point out from the record that the provisions of Section 40 of the Wakf Act being complied with before passing the impugned order.
6. In view of the submissions made and in the facts of the case, since the impugned order at Annexure-A dated 26.08.2016 has been passed in violation of Section 40(3) of the Wakf Act, 1995 and also the impugned order dated 27.03.2018 vide Annexure-B has been passed without affording any opportunity of hearing to the petitioner, which is a Trust, are hereby quashed.
Accordingly, the petitions are disposed of with liberty to the respondents to proceed in the matter after following the process of law prescribed under Section 40(3) of the Wakf Act, 1995.
Sd/- JUDGE Psg*