IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE W.P.No.25695/2018 (GM-WAKF) BETWEEN:
Shafiulla Baig, S/o late Wazeer Baig, Aged about 56 years, President, Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru – 570 021. … PETITIONER (By Sri Madangouda N.Patil, Adv. for Sri R.Kothwal, Adv.) AND:
1. Karnataka State Board of Auqaf, Cunningham Road, Bengaluru – 560 052, Represented by its Chief Executive Officer.
2. The Enquiry Officer, (in the affairs of Dargahi Masjid, Mysuru), Karnataka State Board of Auqaf, Cunningham Road, Bengaluru – 560 052.
3. Syed Abdul Rashid, S/o late Syed Dawood, Aged about 70 years, Vice-President, Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru – 570 021.
R/a No.2523/3, Sawday Road, Mandi Mohalla, Mysuru – 570 021.
4. Aslam Pasha, S/o late Abdul Jabbar, Aged about 76 years, Formerly Secretary (presently Member), Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru – 570 021.
R/at No.2703/1, MKDK Road, 5th Cross, Mandi Mohalla, Mysuru – 570 021.
5. Abdul Salam, S/o late Fairoz, Aged about 47 years, Secretary, Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru – 570 021.
R/at No.2211, Sawday Road, Lashkar Mohalla, Mysuru – 570 021.
6. Mohammed Ghayaz, S/o Muhawar Pasha, Aged about 45 years, Member, Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru – 570 021.
R/at No.2648/6, MKDK Road, Mandi Mohalla, Mysuru – 570 021.
7. Mohammed Fayaz, S/o Mubarak Ali, Aged about 33 years, Member, Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru – 570 021.
R/at No.2871, Sawday Road, Mandi Mohalla, Mysuru – 570 021.
8. Mohammed Khalid, S/o Abdul Hammed, Aged about 45 years, Member, Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru – 570 021.
R/at No.2521, Sultan Park Road, Mandi Mohalla, Mysuru – 570 021.
9. Riyaz Ahmed, S/o late Abdul Rehman, Aged about 70 years, Member, Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru – 570 021.
R/at No.2581, MKDK Road, Mandi Mohalla, Mysuru – 570 021.
10. Ayub Sharif, S/o Rehman Shariff, Aged about 28 years, Member, Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru – 570 021.
R/at No.2618, MKDK Road, Mandi Mohalla, Mysuru – 570 021.
11. Tabrez Alam, S/o Muneer Jan, Aged about 35 years, Member, Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru – 570 021.
R/at No.2616, MKDK Road, Mandi Mohalla, Mysuru – 570 021. … RESPONDENTS (By Smt. S.R.Anuradha, Adv. for R-1 & R-2) This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the notice dated 10.04.2018 (Annexure-E) issued by R-2 to the petitioner.
This petition coming on for Preliminary Hearing, this day, the Court made the following:
ORDER 1. Learned Counsel Smt. S.R.Anuradha is directed to take notice for respondents 1 & 2 and she is permitted to file vakalath.
2. In this writ petition, the petitioner inter alia has assailed the validity of the notice dated 10.04.2018 issued by the Karnataka State Board of Auqaf.
3. When the matter was taken up today, learned Counsel for the petitioner submitted that by the impugned notice, the petitioner was asked to appear on 24.04.2018 in the office of the Karnataka State Board of Auqaf. It is further submitted that the impugned notice has been issued to the petitioner without following due procedure of law.
4. I have considered the submissions made by the learned Counsel for the petitioner.
5. The writ petition is pending before this Court since eight months, in which, no interim order has been passed. The petitioner by the impugned notice was required to appear before the Karnataka State Board of Auqaf on 24.04.2018 in connection with an enquiry with regard to the affairs of Dargahi Masjid, Mysuru. It is not the case of the petitioner that the authority who has issued the impugned notice had no jurisdiction to do so. Therefore, no case for quashing the impugned notice dated 10.04.2018 is made out. However, in case enquiry is pending against the petitioner in pursuance of the aforesaid notice, the petitioner would be at liberty to raise all such objections as may be permissible in law, needless to state that the objections so raised by the petitioner would be adjudicated by the enquiry officer in accordance with law. Accordingly, petition is disposed of.
Sd/- JUDGE KK