SAHEBLAL Vs. KARNATAKA STATE BOARD OF WAKFS

JUDGEMENT

(1.) THE petitioner was appointed as a Mutawalli of Datari Masjid, Khandakgalli, Bijapur, by order dated 14. 11. 2000 of the Chief Executive Officer of the Karnataka State Board of Wakfs to manage the day to day affairs of the said institution until further orders. The said order is produced as Annexure-A. Later, the Karnataka State Board of Wakfs ('the board' for short) did not ratify the said appointment made by the aforesaid officer and by order dated 8. 2. 2001 appointed the Administrator, District Wakf Advisory Committee, Bijapur namely Mr. Asad Ali ansari, Excise Superintendent as administrator and mutawalli of the aforesaid masjid. In this writ petition, the petitioner has challenged the said order of the board dated 8. 2. 2001 declining to ratify his appointment as Mutawalli, which order is produced as Annexure-C.

(2.) I have heard the learned Counsel appearing for the parties and perused the orders produced as annexures-A and C.

(3.) SRI Hebballi, learned Counsel appearing for the petitioner submits that a Mutawalli could be removed only by holding an enquiry as provided under Sub-section (3) of Section 64 of the wakf Act 1995 ('the Act' for short ). According to him, as no enquiry was held, the order of the board removing the petitioner from the post of Mutawalli is illegal and requires to be set aside. He also relied on a judgment of this Court in Masjida Agsa v. Karnataka Board of Wakfs and anr. , 1990 (3) Kar. L. J. (Supp) 514 (HC) in support of his submission.