TIPPU MUNEER AHMED QURESHI Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 22.12.2015 impugned at Annexure-H to the petition. The petitioner is also seeking a direction to the respondents not to interfere in the administration of the Hazrat Syed Peer Jamal Shah Makkan, Charminar Masjid Road, Shivajinagar, Bengaluru. The petitioner in that regard is also seeking that the order dated 21.06.2014 passed by the Karnataka State Board of Auqaf be quashed.

(2.) The case of the petitioner is that the petitioner initially was in administration of the Wakf concerned. After approval of the Scheme, the administration has been handed over to the petitioner through the order dated 24.05.2014. It is the further case of the petitioner that even while the petitioner and his Committee as set up through order dated 02.06.2014 were managing the affairs of the Darga, the respondents have by the illegal order dated 21.06.2014 reconstituted the Managing Committee which is impermissible in law. In that view, it is contended that the petitioner is entitled to carry on the administration of the Darga.

(3.) Learned counsel for the petitioner would contend that in such circumstance when the petitioner had approached the Wakf Tribunal in the suit filed in O.S. No.4/2015, the Tribunal ought to have kept these aspects in view while considering the application in I.A.No.3 whereby the petitioner had sought injunction to restrain the defendants from interfering with the administration of the wakf by the petitioner. In that regard, it is contended that the order dated 22.12.2015 passed by the Wakf Tribunal is not justified and all actions of the respondents are contrary to the provisions contained in Section 69 of the Karnataka Wakf Act, 1995. Hence, it is contended that the orders impugned are liable to be set aside and the petitioner should be permitted to carry on the administration.