IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9Th DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.10913 OF 2019 (GM-WAKF) BETWEEN:
P.M.LATHIF S/O.MOHAMMED AGED ABOUT 42 YEARS R/AT 2ND BLOCK NEW EXTENSION SUNTIKOPPA COORG DISTRICT-571 237 … PETITIONER (BY MS. NEERAJA KARANTH FOR SRI SHRIHARI K., ADVOCATES) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF MINORITIES VIDHANA SOUDHA DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 2. KARNATAKA STATE BOARD OF WAKF CUNNINGHAM ROAD VASANTH NAGAR (P) BENGALURU-560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 3. YAKHOOB K.A. S/O.POUTI ABDULLA CHAIRMAN, BALAGUNDA VILLAGE BAJEGUNDI KUSUBURU POST SOMAVARPET TALUK KODAGU DISTRICT-571 236 … RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R1; SRI M.H.HANEEF, ADVOCATE FOR R2 & R3 [ABSENT]) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 05.02.2019 (ANNEXURE-A) PASSED BY THE SECOND RESPONDENT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Ms.Neeraja Karanth for Sri Shrihari K., learned Counsel for the petitioner.
Sri E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
None for respondent Nos.2 and 3. None had appeared for respondent Nos.2 and 3 on 12.06.2019 also.
2. Perused the records. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks to assail the validity of the order dated 05.02.2019 passed by the Karnataka State Board of Auqaf, by which respondent No.3 has been appointed as a Chairman of the District of Waqf Advisory Committee, Kodagu District for a period of three years w.e.f. 05.02.2019.
4. When the matter was taken up today, learned Counsel for the petitioner submitted that under Regulation 15 of the Karnataka Wakf Regulation, 2010 (‘the Regulation’ for short), the Karnataka State Board of Auqaf has an obligation to constitute the committee for managing affairs of the District Waqf Committee and cannot appoint the Chairman alone. He submits that the petitioner be granted a liberty to submit a representation with regard to his grievance to the Chief Executive Officer, Karnataka State Board of Auqaf and the aforesaid authority be directed to decide the representation which may submitted, in the light of the Regulation 15 of the Regulation.
5. In view of the submission made and in the facts of the case, the petition is disposed of with a direction that in case the petitioner submit a representation to the Chief Executive Officer, Karnataka State Board of Auqaf within a period of two weeks from the date of receipt of a copy of the order passed today, the Chief Executive Officer of the Karnataka State Board of Auqaf shall take a decision on such representation, in the light of the provisions contained in Regulation 15 of the Regulation by a speaking order within a period of two months from the date of receipt of such representation.
Accordingly, the petition is disposed of.
Sd/- JUDGE LB