USMAN SAHIB Vs. KAR BOARD OF WAKFS

JUDGEMENT

(1.) In this petition under Art.226 of the Constitution, the petitioner has challenged the order Nos. (1) KTW 4754 AGW 74 dated 22/25-11-74 (Annexure-E) and (2) KTW 4754 AGW 74 dated 29-6-76 (Annexure-K) of the Karnataka Board of Wakfs, Bangalore (hereinafter referred to as the Board).

(2.) At Terdal village of Jamkhandi Taluk, Bijapur District, there is a dargah called 'Peer Abbawali Khan Dargah' which had been registered as a public trust under the Bombay Public Trusts Act of 1950 that was then in force in the erstwhile Bombay area. On the extension of the uniform Wakf Act of 1954 (Central Act No. 29 of 1954) (hereinafter referred to as the Act) to the erstwhile Bombay area, the same is deemed to be registered and is also registered as a wakf in the register of wakfs maintained by the Board. The wakf is managed by a committee of trustees and the petitioner is its Managing Trustee and in that capacity he is a 'mutawalli' within the meaning of that term occurring in Section 3(f) of the Act.

(3.) Between the petitioner and respondent No. 4 there ha,ve been a, number of civil disputes, touching the wakf and the right to manage the same. A detailed narration of the same is not necessary for deciding the issues that arise in this case.