(1.) (Per )
(2.) This appeal under Clause 15 of Letters Patent is filed at the instance of an unsuccessful petitioner, aggrieved against the orders dismissing a writ filed by him as per orders in W P No. 22002 of 2005 dated 25th October 2005.
(3.) The case of the petitioner is to the effect that having regard to the powers conferred under Section 64 (5) and 64 (3) of the Wakf Act, 1995 (for short the Act, 1995), the entire proceedings are without jurisdiction and even the alleged show cause notice is bereft of any valid material or basis to warrant any such proposed action. THE case of the petitioner is that since the impugned orders dated 9.9.2005 are passed by the Chief Executive Officer, who is not competent nor conferred with any powers under the above provisions of the Act and therefore the same is totally without jurisdiction. Admittedly, the impugned orders not being initiated and having any inception from the competent authority viz., the Board, the same would not hold good in law. Earlier, the petitioner has filed a writ in W P No. 12753 of 2005 challenging the orders wherein he was placed under suspension and an enquiry was directed to be conducted, and this Court as per the orders dated 17.7.2005 allowed the said writ petition on the ground that the Chief Executive Officer of the Board is not competent to initiate any proceedings or place the mutawalli under suspension. However, in appeal at the instance of the Board in W A No. 1377 of 2005, the Division Bench of this Court has varied with the order of the learned Single Judge holding that there is nothing in the impugned order, which would suggest that the order had been passed on the instructions of the second respondent and therefore the competent authority can always pass such order after complying with the provisions of law. THEreafter, the present impugned proceedings have been issued, hence the challenge.