SHAMSHUL ISLAM, S/O NOORUL ISLAM, BUSINESS AND VICE PRESIDENT OF MANAGING COMMITTEE, YATEEM KHANA, ANJUMAN-E-ANSURASUFFA Vs. THE KARNATAKA STATE BOARD OF WAKFS BY ITS CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) THE Petitioner has challenged in this Writ Petition the show cause notice issued by the Wakf Board calling upon him (sic), should not be superseded.

(2.) THE grievance of the Petitioner is Rule 58 of the Karnataka Wakf Rules, 1997 specifically provides for issue of notice in Form No. 82. The impugned show cause notice is not in the form prescribed. Secondly, it is contended, as is clear from the prescribed form, the said show cause notice has to be issued by the order of the Board. The impugned show cause Board. Therefore, it is contended that the impugned show cause notice is vitiated and is liable to be set aside.

(3.) IN so far as the contention that the Board has to authorize, that argument emanates from Form 82. A format or a form cannot over -ride a statutory provision. All that Rule 58 prescribes is the Board shall issue notice. Now, admittedly a notice is issued by the Chief Executive Officer of the Karnataka State Board of Wakfs. Merely in the show cause notice it is not mentioned that it is by the order of the Board, it cannot be presumed that the Board has not authorized him to issue such a notice. On the contrary, when an official in discharge of his official functions issues a show cause notice as contemplated under the law, the presumption is he has been duly authorized. It is for the person who disputes the said fact to place material to rebut such presumption. No such material is produced except assertion. However, the said contention can also be urged in the reply to be filed to the show cause notice, apart from traversing the allegations on merits. Under these circumstances, I do not find any justification to entertain this Writ Petition. Accordingly, the Writ Petition is rejected, reserving liberty to the Petitioner to file a detailed reply to the show cause notice within the period specified.