MAJLIS E MILLIA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant being aggrieved by the order of the learned single judge in W. P. 17409/95 dated 16-3-2000 has preferred this writ appeal.

(2.) THE facts of the case as set out by the appellant which ultimately led the appellant filing a writ petition unsuccessfully are as follows :

(3.) THE Majlis-a-Milla Dargah Hazrath shamsuddin Auliya. Trust, Bangarpet, Kolar district, is a registered Trust. A muslim saint by namd Hazarath Shamsuddin Aulia lived in Bangarpet Taluk of Kolar District in the early part of the century. Upon his death he was burried in Bangarpet Dargah area and a tomb in his memory came to be constructed. A Dargah Committee was constituted to lookafter and maintain the entire dargah area, the tomb of Hazarath shamsuddin Aulia and other structures. The committee, known as Majlis-a-Milla was in full control of the affairs of the Dargah and its properties and always maintained a private and distinct identity. At no point of time the ownership and possession of the Dargah committee over the Dargah area has been disputed by anybody including the respondents. It is submitted that in order to improve the property the Committee formed a trust under the name of "majlis-A-Millia Dargah hazarath Shamsuddin Trust, Bangarpet". and registered it under the provisions of the indian Trust Act on 15-3-1985. Thereafter the trust is in full control of the affairs of the Dargah.