JAMIA MASJID MAGADI Vs. KARNATAKA BD OF WAKFS

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution the petitioner has sought Appointment of mutawalli-Autho- for quashing of the order dated 11-7-1980 passed by the State Government in No. RD 88 CWF 77 (Annexure-C) and also for a writ in the nature of mandamus directing respondents 1 and 2 to notify and hear the committee of management constituted under the order dated 17-5-80 passed by the State Government in, No. RD. 88 CWF 77 (Annexure-B).

(2.) There is a wakf known as Jamia Masjid at Magadi. This institution came to be handed over to the wakf Board on 21st April 1975 by the Muzrai Department. The term of the committee which was constituted to manage the affairs of the wakf in question under the Notification dated 21st August, 1973 by the Assistant Commissioner, Ramanagaram as Muzrai officer, expired on 20th August 1976. On 29th March 1977, the Adminstrator, Wakf Board addressed a letter to the State Government stating that the term of the committee appointed under the aforesaid notification dated 21st August, 1973 expired on 20th August 1976 and a new committee be appointed for a period of two years and for that purpose, the Adminstrator, Wakf Board, also suggested certain names. Those names are found in Annexure-A.

(3.) Sri Syed Hyder Saheb was proposed to be the President of the committee. Thereafter, the State Government, by its order dated 17-5-80 (Annexure-B) bearing No. RD. 88 CWF 77, accorded its approval for constituting the new committee of management consisting of the persons named in Annexure-A for a period of two years from the date of publication or until further orders whichever is earlier. Ex-post facto approval was also accorded for the continuance of the old committee from 20-8-1976 till the date of notification constituting the committee as approved by the order dated 17-5-1980 (Annexure-B) . Pursuant to the order dated 17-5-1980 (Annexure-B), the Wakf Board has not issued an order constituting the committee of management. But, in the mean while, the State Government, by its order dated 11-7-1980 bearing No. RD 88 CWF 77 (Annexure-C), has cancelled the earlier order dated 17-5-1980 and has accorded approval for reconstitution of the Committee of management consisting of different persons i.e., respondents 3 to 9 for a temporary period of four months from the date of issue of the order by the Wakf Board. The validity of this order Annexure 'C' is challenged in this writ petition.