( 1 ) IN this petition under Arts. 226 and 227 of the Constitution, the petitioner has sought for quashing the order dt. 12th Mar. , 1985, passed by the Board of Wakfs (hereinafter referred to as the 'board') in No. KTW/cmc/35 SMA 83-84 constituting the Managing Committee of nine members for the management of the Wakf institution known as Jamia Masjid of Mattikote village, Shikaripur taluk, Shimoga District.

( 2 ) THE contentions urged by Sri K. Channabasappa, learned Counsel for the petitioner admit of following points for determination - (i) Jamia Masjid of Mattikote village has not been registered as Wakf under the provisions of Wakf Act, 1954 (hereinafter referred to as the Act), therefore, the Board has no jurisdiction or authority to exercise control over it and appoint a committee of Management; (ii) that even if it is assumed that such power resides in the Board, the constitution of the members of the Managing Committee is without the application of mind in that the order proclaims that it is done in exercise of power under S. 10 of the Act which does not confer such power on the Board. 3ipoint No. 1 :- It is the case of the petitioner that Jamia Maszid in qu