LAWS(KAR)-2013-1-216

ANJUMAN-E-ISLAM, SINDGI, A REGISTERED SOCIETY, AT SINDGI, TALUK SINDGI, DIST: BIJAPUR-586101, REP. BY ITS GENERAL SECRETARY, SRI S.M. PATIL Vs. STATE KARNATAKA DEPARTMENT OF MINORITY WELFARE, HAJ AND WAKFS REPRESENTED BY ITS SECRETARY VIKAS SOUD

Decided On January 03, 2013
Anjuman -E -Islam, Sindgi, A Registered Society, At Sindgi, Taluk Sindgi, Dist: Bijapur -586101, Rep. By Its General Secretary, Sri S.M. Patil Appellant
V/S
State Karnataka Department Of Minority Welfare, Haj And Wakfs Represented By Its Secretary Vikas Soud Respondents

JUDGEMENT

(1.) THE petitioner has called in question the validity of the order at Annexure -A dated 18.08.2012, whereby the Additional Chief Executive Officer, Karnataka State Board of Wakf has appointed Sri Yakoob Hassansab Natikar as a Muthawalli of the petitioner/Society for a period of three months or until further orders whichever is earlier with a direction to settle a scheme of management and hold elections as per the order of the Secretary in Revision Petition No. MWD/33/WLM/2011 dated 15.06.2012. Since the period of three months under the impugned order has expired, the writ petition has become infructuous.

(2.) AT this stage, learned counsel for the petitioner contends that the impugned order has been passed by the Additional Chief Executive Officer, who has no power or authority whatsoever. It is his further contention that under Section 69 of the Wakf Act, the Board has to pass such order.