( 1 ) THE legal representatives of the late Khaleefa Abdul Khader, who claim to have absolute right, title and interest in the Wakf institution - Asthan-e-Khadria, which is a notified Walf institution, are before this Court in this petition filed under Article 226 of the Constitution calling in question the legality or otherwise of the notification issued by Kamataka State Board of Wakfs in No. KBW. CMC. 14. BNU. 97-98 dated 17. 7. 1997-in taking over the Wakf Asthan-e-Khadria and its movable and immovable properties under its direct management in exercise of its power under Section 65 of the Wakf Act, 1995, with immediate effect and the consequential order made in appointing an administrator to manage the affairs of the Wakf institution and its properties. The impugned notification of the Board is as under: "karnataka STATE BOARD OF WAKFS sub: Appointment of Administrator for the management of 'asthan-E-KHADRIA' Jayamahal Road, Dargah Compound, bangalore - 560006. READ: 1. . Letter dated 1st July 1997 of the Hon'ble Member Shri altaf Hussain.

( 2 ) REPORT No. DWC/11/b (U)/adm/96-97/183 dated 9th July 1997 of the Administrator, District Wakf Committee, Bangalore (Urban ).

( 3 ) REPORT dated 10th July 1997 of Shri Altaf Hussain, Member of the Board. PREAMBLE: that the Wakf Institution Asthan-e-Khadria (Sunni) is a notified wakf property gazetted in the Official Gazette dated 7th June 1965, and its notified Muthavalli Khaleefa Abdul Khader passed away on 6th May 1994, and during his life, he has not appointed any successor for the management of. the institution; thus the post of Muthavalli is lying vacant over since 6th September 1994, and since there some vested interest persons have formed a self-styled committee without prior permission from the Board. Subsequently, a detailed enquiry was conducted and it has come to the notice of the Board that the late Muthavalli has treated this Wakf property as his individual properties, and it has also appears that the Khate of Wakf institution transferred to his individual name. There are also complaints about the mismanagement of properties and of funds. It has further come to the notice that a major portion of the said Wakf properties has been let out without the knowledge and permission of the Board. Thus after careful examination of the facts and figures available on records, the Board has recovered to appoint Sri Syed Vali pasha, Advocate, Bangalore, as the Administrator, to the said wakf Institution i. e. ASTHAN-E-KHADRIA notified at Sl. No. 217 of the Gazette Notification of Bangalore (Urban) district, for the smooth functioning of the institution and to protect its interest and day today administration. Hence this order. ORDER NO. KBW. CMC. 14. BNU/97-98 BANGALORE. DATED 17th JULY 1997. For the reasons narrated in -the preamble, and in the larger interest of the Wakf institution, the Wakf ASTHAN-E-KHADRIA and its allied properties movable and immovable are taken under the direct management of the Board as per Section 65 of the wakf Act, 1995, with immediate effect and until further orders. It is further ordered that Sri Syed Vali Pasha, Advocate, Bangalore, is appointed as Administrator of the said Wakf Institution to manage the affairs of the institution and its properties and to look after the religious and spiritual ceremonies to be performed. BY ORDER OF THE BOARD. Chief Executive Officer karnataka State Board of Wakfs" 2. Brief history of the case: Petitioners are the legal representatives of late Khaleefa Abdul Khader, who was the sole trustee, beneficiary and Muthavalli of the Wakf institution known as asthan-e-Khadria. 3. One late Sri Peer Syed Hyder Shah Quadri Peer Bhidwala was acknowledged religious and spiritual leader acknowledged as such by the members of Cutchi Menon Community. His brother late sri Peer Syed Nawaz Quadri Peer Bhidwala, who was also an acknowledged saint was buried in the land bearing No. 31 and 32, jayamahal Road, Bangalore. Some t