SHAH MANZOOR PEER DARGAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these petitions under Art 226 of the Constitution, the petitioners have, challenged the order dated 28-4-1977 of the Administrator, Karnataka, Board of Wakfs (hereinafter referred to as 'the Board') in case No. LCC 40-3-68 (Ex- E in W.P. No. 4485 of 1977) . As the challenge of the petitioners in ail these cases is directed against one and the same order of the Board, I propose to dispose of them by a common order. In the course of my order, I will refer to the documents produced by the petitioners in W.P. No. 4485 of 1977.

(2.) An ancient Dargah called as 'Shah Mansur Peer Dargah of Bilgi, Dt. Bijapur (hereinafter referred to as 'the Wakf endowed with various properties had been registered as a public wakf under the provisions of Bombay (Public Trusts Act of 1950 (Bombay Act No, XXIX of 1950) (hereinafter referred to as 'the Bombay Act') (Ex-C) . The uniform Wakf Act of 1954 (Central Act No. 29 of 1954) (hereinafter referred to as 'the Act') was extended to the erstwhile State of Mysore from 15-1-1955. In Notification No. GSR 1431 dated 20-11-1961, the said Act was extended to the remaining parts of the new State of Mysore, now called as Karnataka with effect from which date. the Bombay Act in so far as it related to Mussalman Wakfs, stands repealed (vide S. 69(2) of the Act). S. 30 of the Act provides for continuance of registration of a Wakf made under the corresponding provisions of the Act and declares it as a registration made under the Act. Notwithstanding the same, the District Wakf Committee, Bijapur, an authority subordinate to the Board, has registered the wakf under Ss. 25, 26 and 30 of the Act on 23-2-1967 (Ex-D) showing the particulars of properties and recognising the second petitioner in W.P. No. 4435 of 1977 and six others as its muthavallis.

(3.) On 16-2-1967, respondents No. 3 filed an application in the prescribed form before the Board for registration of a Sunni wakf called 'Jalal Buqari Trust Shingnapur, taluk Gokak, Dt. Belgaum'. In Column No. 7 of the said application viz., name of the mulhavalli, occupation and address, respondent No. 3 claims to be the 'Sajjada and Chairman of the Trust'. In statement 'A' appended to the said application, respondent No. 3 stated that an extent of 2384 acres 17 guntas of lands detailed therein, some of which had been registered as the properties of the wakf, were properties of the wakt. Without a full and proper publication of the said application made by respondent No. 3 or an enquiry thereto, the Board by its order dated 28-4-1967, allowed the said application made by respondent-3 and issued a certificate of registration on 5-10-1968, the validity of which was challenged by the petitioners and others before this Court in W.P. Nos. 4454 of 1968, 443, 799 and 4375 of 1969. By orders made on different dates, this Court allowed the said writ petitions and directed the Board to notify the substance of the application made by the respondent No. 3 and dispose of the same in accordance with law. In compliance with the orders of this Court, the Board notified the substance of the said application on 23-11-1970 in these terms and invited objections: THE MYSORE STATE BOARD OF WAKFS No. 6, Cunningham Road, Bangalore, 23rd November, 1970. Notification