SYED MOHAMMED PEER PASHA KHADRI Vs. KAR ST BOARD OF WAKFS

JUDGEMENT

(1.) At Shivasamudram of Kollegal taluk, which was formerly a part of erstwhile State of Madras but now part of Mysore District, there is a Mousoleum or a Dargah called as Dargah-e-Hazrath Maxdane Gaib (hereinafter referred to as the Dairgah) which attracts devotees from many parts of Squth India, in considerable numbers particularly dulring the month of Ramzan when a Urus is held at that place.

(2.) The petitioner claims to be, the 'Sajjada Nashin, Muthwalli and Mujawar of the Dargah by heredity. Tn the survey of wakfs in Karnataka, State undertaken and published on the introductiqn of the Wakf Act Of 1954 (Central Act No. 29 of 1954) (hereinafter referred to as the Act), the Dargah is registered as a Wakf and the petitioner is recognised as its muthwalli on hereditary basis, Evidently on complaints made by certain persons on the alleged mis-management of the affairs of the Dargah by the petitioner, Government in its letter No. RD 150 CWF 72 dated 22nd January, 1973, directed respondent No. 1 to investigate the affairs of the Dargah and its management by a committee consisting of Sriyuths: (a) A. Sattar Abba Sait, (b) S. A. Rahman, (c) Syed Noor Ahmed and (d) Ilyas Ahmed. In pursuance of the said letter, respondent NO. 1 by its order NO. MYW 24 LSM 73/812-17 dated 12 13th March, 1973 (Exhibit R13) appointed the aforesaid persons as a Committee of enquiry (hereinafter referred to as the Committee to inquire into the following matters:

(3.) On the termination of the aforesaid proceedings before this Court, the committee did not hold any further inquiry much less the Board carried the proceedings to their logical conclusion, but commenced fresh proceedings against the petitioner. Apparently the Board cecided to drop those proceedings. On 27|29th September, 1975, respondent No. 1 ifsued a fresh show cause notice (Ex. E) to the petitioner under S. 13 (4) of the Act proposing to hold an enquiry into the following matters.