GULAM ALI Vs. KARNATAKA BOARD OF WAKFS

JUDGEMENT

(1.) On the last occasion (his petition was heard in part and was adjourned to enable learned Counsel for the Wakf Board to obtain the records and instructions in the matter. Accordingly, learned Counsel for the Wakf Board Sri Mahboob Ali Khan submits that he has received the instructions and is ready to argue the matter. Hence, this petition is heard for final disposal.

(2.) In this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the order dated 16.12.1983 bearing No. KTW.10.CMC- BNU/79 passed by the first respondent produced as Annexure-F. The petitioner has also sought for issue of a writ in the nature of mandamus directing the first respondent to constitute a committee of Muthavallis for managing the Bakarabad Trust alias Agi Ali Asker Wakf and its properties described in the Schedule to the petition and hand over possession of the Wakf to the said committee.

(3.) The Wakf in question is known as Aga Ali Asker Wakf. The properties of the Wakf are enumberated in the Schedule to the petition as such it is not necessary to repeat the same. This Wakf was created by the late Sri Aga Ali Asker Shirazi by his will 29-10-1880 and his second Codicil dated 22-6-1887. The Wakf is also known as Bagarabad Wakf. It is governed by the provisions contained in the Wakf Act (hereinafter referred to as the Act). Subsequent to the creation of the Wakf, a scheme is also framed by the Wakf Board in No. MWB BCC 5/67 dated 16-11-69 as per Annexure-B. However, the Board assumed the direct management in exercise of its powers under Section 43-A of the Act by the order dated 26-1-1978 produced as Annexure-C.