MOHAMMED SHAFIULLA Vs. KARNATAKA STATE BOARD OF AUQAF

JUDGEMENT

(1.) This writ appeal is filed against the order dtd. 24/11/2022 passed in W.P.No.17465/2022 (GM-WAKF) by which the writ petition filed by the appellants herein has been dismissed.

(2.) The above writ petition was filed by the appellants/petitioners challenging the order dtd. 1/8/2022 passed by the 1st respondent-WAKF Board constituting another Advisory Committee for Shivamogga District during the existence of the Committee of which the appellants/petitioners are the members that was constituted on 13/1/2021.

(3.) It is the case of the appellants/petitioners that the 1st respondent-WAKF Board in exercise of its power under Sec. 18 of the WAKF Act ('the Act' for short) by order dtd. 13/1/2021 had constituted Shivamogga District Advisory Committee consisting of 21 members including the appellants. That the names of the members of the said Committee was recommended by a Selection Committee. The Selection Committee in its meeting held on 18/12/2020 had approved the said Committee. That the 1st respondent-WAKF Board in its 327th meeting held on 19/12/2020 confirmed the proceedings of the Selection Committee, as such the composition of the said Committee was approved by the Board. Thereafter, order dtd. 13/1/2021 was issued as per Annexure-A fixing the term of said Committee upto 12/1/2024. That while the said Committee being in existence discharging its function satisfactorily, the 1st respondent-WAKF Board issued yet another order on 1/8/2022 constituting 2nd respondent -Committee for a period of 3 years as per Annexure-B, constraining the appellants to file the above writ petition.