MASJIDA AGSA Vs. KARNATAKA BOARD OF WAKFS

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the petitioner has sought for quashing the order dated 7-8-1988 published in the Karnataka Gazette, dated 17-1-1988 produced as Annexure-M issued by the first respondent.

(2.) The petitioner has also sought for issue of a writ of mandamus directing the first respondent to hold regular enquiry in the matter under Sections 42 to 45 of the Wakf Act, 1954 (hereinafter referred to as the 'Act'), pursuant to the show cause notice dated 25-3-1988. The petitioner has also further sought for issue of a direction to the respondents to deliver the possession of the wakf in question and its property to the petitioner.

(3.) The petitioner claims to be the Managing Committee of the Ahale Sunathul Jamath, Fort Mosque, Arkalgud which is registered under the Karnataka Societies Registration Act, 1960 as per Annexure-A. Under the order dated 7th August, 1988 passed by the 1st respondent in exercise of its power under Section 43-A of the Wakf Act it has assumed direct management of the institution known as Fort Mosque, Arkalgud (Masjid-e-Agsa), Hassan District. Though there is a difference in the name found in Annexure-A the registration certificate and the impugned Annexure-M, but it is the case of the petitioner that the Mosque referred to in Annexure-M is the one which is registered under the Karnataka Societies Registration Act, whereas it is the case of the first respondent that the Mosque referred to in the impugned order Annexure-M is the one which is described at Item No. 67 in the Notification dated 9-1-1964 issued under Section 5(2) of the Act published in the Gazette dated 10-11-1964. A Gazette copy of the said Notification is placed before Court. According to that Entry No. 67 reads thus: