MASLID-E-ISLAMMABAD Vs. KARNATAKA BOARD OF WAKF

JUDGEMENT

(1.) All these cases pertain to the affair of an institution called 'Masjid - E-Islamabad', Bangalore and they are inter connected. I, therefore propose to dispose of these cases by a common order.

(2.) The institution is the petitioner in Writ Petition No. 6888 of 1980 which is the main writ petition. Writ Petitions Nos. 17235 and 19808 of 1980 filed by various other individuals that are interested in the affairs of the institution have arisen out ;f the delay in the disposal of the main writ petition, the communication of the interim order Or as a result of the various interim orders made in that writ petition. Writ Petition No. 6888 of 1980 has. been filed by the petitioner challenging an order bearing No. KTW 61,MSC-BNU 80 dated 14-31980 (Annexure-D) and letter No. KTW 61 MSC-BNU 80 dated 1-4-198o (Annexure-E) of ' the Karnataka Board of Wakfs (hereinafter referred to as the Board), who is respondent No. 1 in that writ petition. The petitioner in 1his writ petition is represented by one Sri Musheer Ahmed Qureshi who has described himself as the Secretary' of the institution. The petitioners in Writ Petition No. 17235 of 1980 claim to be the office bearers of the institution. In Writ Petition No. 19808 of 1980, petitioners 1 to 10 also claim to he the office bearers of the institution, which is petitioner No. 11. Petitioner No. 11 in the said writ petition is represented by one Sri Mohamined Rasheed Macci who claims to be the Secretary of the institution. In Writ, Petitions Nos. 17235 of 1980 and 1980 of 1980 the Board is the first respondent. In Writ Petition No. 6888 of 1980 five persons who claim to have an interest in the institution have sought for permission to implead them as additional respondents in that case. Without making an express order, I have treated them as additional respondents in that case and heard their counsel on merits. In the course of my order, I will refer to the petitioner in Writ Petition No. 6888 Of 1980 as the petitioner, the Board as respondent' No. i and all other private individuals whether they are respondents or Petitioners in to be aforesaid writ petition or other writ petitions as other respondents.

(3.) Under the Mysore societies Registration Act of 1904 (Mysore Act No.III of 1904) that was when then in force in the old Mysore area, the petitioner has been registered as a society during the year 1956-57 for the Promotion of the purposes and objects set out in its memorandum of association. The society has its own Rules and Bye-laws approved by the Registrar, commonly called as 'Constitution' and hereafter referred to as such. The society continues to be a society under the uniform Karnataka Societies Registration Act of 1960 that carne into force on 6-6-1961 replacing the corresponding Acts on the subject in the various integrating areas of the new State of Karnataka.