SYED MUDEER Vs. CHIEF EXECUTIVE OFFICER KARNATAKA BOARD OF WAKFS

JUDGEMENT

(1.) Dargah Hazarath Araulla Sahah and Nabi Shah Bada Makhan situated at H. Siddaiah Road, Bangalore - Respondent No. 2 herein is a wakf institution. Petitioner was appointed as the member of the Managing Committee of the said wakf. He was elected as the President of the Managing Committee on 05.03.2009. A show cause notice was issued to him on 27.12.2010 under Section 64(3) of the Wakf Act, 1995 (for short, 'the Act') as per Annexure-B alleging that being the President of the Wakf, he had failed in managing, administering and protecting the interest of the wakf property, in that, one Mr. M.B. Akbar who had started illegal construction in the wakf property was not prevented nor any action to stop the illegal construction was taken.

(2.) Petitioner was notified that an inquiry would be held under Sub-rule (2) of Rule 56 of the Karnataka Wakf Rules, 1997 (for short, 'the Rules') by the Karnataka State Board of Wakfs (fort short, 'the Board'). Petitioner was called upon to file objections within seven days, failing which the Board would initiate inquiry and take a decision under Section 64, of the Act as required under law. This show cause notice was issued by the Chief Executive Officer of the Board. Petitioner submitted his reply on 04.01.2011 denying the allegations.

(3.) By the impugned order dated 14.01.2011, the Chief Executive Officer of the Board has held that the matter was placed before the Administrator of the Board and the Administrator accorded approval for the removal of the Petitioner and another person from the membership of the Managing Committee of the Wakf, hence, the Petitioner and the other member have been removed from the membership of the Managing Committee of the wakf for breach of trust and for failure to protect the property of the wakf. It is this order that is called in question in this writ petition.