KARNATAKA BOARD OF WAKFS REPRESENTED Vs. SABIRA BI

JUDGEMENT

(1.) The Karnataka Board of Wakfs has filed this appeal challenging the legality and correctness of the order dated 14.02.2006 passed in W.P. No. 19834/2004, whereby the learned Single Judge allowed the writ petition filed by respondent Nos. 1 and 2 and quashed the impugned orders dated 24.04.2004 and 21.04.2003 passed by the Karnataka Wakf Tribunal and the Karnataka Board of Wakfs respectively. The brief facts leading to this appeal are as under:

(2.) After hearing the parties, the Wakf Board passed an order dated 21.04.2003 to the effect that the said property is a wakf property and it is registered as such under Section 36 of the Wakf Act, 1995. Thereafter, respondent Nos. 1 and 2 challenged the said order before the Wakf Tribunal, Bangalore Division, Bangalore, in Application No. 11/2003. The Wakf Tribunal after recording the evidence of both the parties passed the order dated 24.04.2004 confirming the order dated 21.04.2003 passed by the Wakf Board.

(3.) Challenging the order dated 24.04.2004 passed by the Wakf Tribunal and the order dated 21.04.2003 passed by the Wakf Board, the respondent Nos. 1 and 2 filed the writ petition before the learned Single Judge. The learned Single Judge allowed the writ petition and quashed both the impugned orders dated 24.04.2004 passed by the Wakf Tribunal and 21.04.2003 passed by the Wakf Board, on the ground that in the absence of any dedication by mere user, the property could not be a wakf property. Aggrieved by the aforesaid order passed by the learned Single Judge, the Wakf Board has preferred the present appeal.