MOHAMMED WAZIR BAIG Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in this writ petition are assailing the order/endorsement bearing No.MWD/453/WES/ 2013 dtd. 23/11/2015 (Annexure-E), passed by the Principal Secretary, Minority Welfare, Haj & Waqf Department-respondent No.1 and sought to allow the application dtd. 28/11/2013 (Annexure - A) filed by the petitioners seeking permission to prosecute respondent No.3 - Dr. Syed Shah Khusro Hussaini, who was the sitting member and R.Abdul Riyaz Khan - respondent No.4.

(2.) Brief facts leading to filing of this writ petition are:

(3.) It is averred in the petition that the petition property belongs to Dargah Hazarath Khaja Bande Nawaz, (hereinafter referred to as "Waqf institution") registered under the Karnataka State Board of Waqf Act, 1959 ("the Waqf Act" for short). It is averred that the Khaja Education Society Gulbarga ("the Society" for short) was established by Sajjadanasheen of Dargah Hazrath Khwaja Bande Nawaz under the provision of the Societies Registration Act , 1960 (" Registration Act " for short). The management and administration of the said waqf and its property is vested with the mutawalli and Sajjadanasheen Ali Jana and the Society has its registered office in the land belonging to the waqf where Sajjadanasheen is the president of the Society. It is averred that the land was leased out by the waqf to the Society for a period of 33 years and continues to occupy the property as a lawful tenant. It is further stated that the Society is engaged in imparting education in various fields to the poor and had proposed to establish a general and teaching hospital in the name of Khaja Bande Nawaz by constructing a huge building on the land.