BASHEER Vs. KARNATAKA STATE BOARD OF WAKFS

JUDGEMENT

(1.) PETITIONERS claiming to be the Members of the Committee constituted by the Jamakhandi Town Muslim Community namely Jamat and called as such hereinafter are seeking for a direction to respondent Nos.1 and 2 to consider their representation dated 27.11.2013 Annexure -P and to incorporate the names of the new Managing Committee Members of Jamia Masjid and Shahi darga in the Wakf register by quashing the order dated 05.02.2014 Annexure -A and endorsement dated 15.06.2013 both issued by 2nd respondent and also quashing of the report dated 23.06.2012 submitted by respondent Nos.5 and 6 as Members of the 1st respondent Karnataka State Board of Wakfs (hereinafter referred to as 'State Board' for brevity).

(2.) I have heard the arguments of Sriyuths Ravi S.Balikai, learned counsel appearing for the petitioners and Mahmood Patel, learned counsel appearing for respondent No.4. Respondent Nos.1 to 3 are served and unrepresented. Copy of the memo dated 15.04.2014 is made available whereunder it is indicated that respondents -5 and 6 are not members of first respondent -Board at present. Hence, notice to respondents -5 and 6 is dispensed with.

(3.) THE claim of the petitioners is that on dismissal of the appeal, the Jamat was held on 06.09.2010 on the night of Shab -E -Kadar -din and in the said meeting 6 persons were elected as new members for the Managing Committee as per the unanimous resolution of Jamat. These new six persons who claim to have got elected submitted representation to the State Board and the District Board on 27.09.2010 Annexure -J for incorporating the names of the new Managing Committee members in the Wakf register. This is said to have been followed by additional representation dated 10.06.2011 Annexure -K. On account of non: consideration of the said representation and also assailing the order of the Enquiry Officer dated 27.12.2004 and the order passed by the Wakf Tribunal dated 27.07.2010 namely Annexures -G and H a writ petition came to be filed in W.P.No.66861/2011 by 11 persons including six persons who claim to have been got elected in the Jamat held on 06.09.2010. However, the prayer was restricted to the non -consideration of representations and it was submitted by the learned counsel appearing for the petitioners in said writ petition that petitioners would be satisfied if a direction is issued to respondent No.2 to consider representations, Annexures -F, G and H.