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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Managing Committee Dargah Hazarath Tawakkal Mastan Shah Soharwardi – Appellant
Versus
Roshan Ali @ Nayaz Ahmed S/o Late R. Nisar Ahmed – Respondent
| Table of Content |
|---|
| 1. application under section 83(2) of the waqf act. (Para 2 , 3 , 4) |
| 2. responses and claims regarding the resolutions. (Para 5 , 6) |
| 3. arguments regarding legality and timeliness of the resolution. (Para 7 , 8 , 9 , 10) |
| 4. opposition to revision petition's grounds. (Para 11 , 12) |
| 5. resolution of disputes via proposed scheme. (Para 13 , 14 , 15 , 16) |
| 6. final dismissal of revision petition. (Para 19) |
ORDER :
1. Heard Sri.Govardhan Reddy, learned counsel appearing for Sri.Chand Pasha, learned counsel for the revision petitioner. Sri.Mahmood Patel, learned counsel for respondent No.1 and Sri.Anand Kumar M., learned counsel for respondent No.3.
2. Respondent No.2 in Application No.1/21 before the Waqf Tribunal is the revision petitioner challenging the order dated 13.06.2022.
3. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under:
3.1. An application under Section 83 (2) of the Waqf Act 1995 was filed by the respondent Nos.1 and 2 in the revision petition.
3.2. The application relief reads as under:
“Wherefore, the applicants most respectfully pray that this Hon’ble Tribunal may be pleased to:
a. Call for the original recor
The court underscored the necessity of due process, stating administrative resolutions lack validity if issued without proper notice to affected parties, ensuring adherence to principles of natural j....
Waqf Board must adhere to historical management schemes; unauthorized trustee appointments violate established law and require urgent electoral resolution.
The appointment of a Mutavalli by the Wakf Board is valid and binding, and the scope of judicial review in WAKF matters is limited to assessing the legality and propriety of Tribunal decisions withou....
The court reaffirmed that a mutawalli's obligation to maintain proper accounts is ongoing, and direct management by the Waqf Board is warranted if mismanagement is established, regardless of prior ir....
Direct management of Waqf properties can be assumed by authorities upon evidence of mismanagement and failure to maintain proper accounts, supporting accountability mechanisms under Waqf law.
The jurisdiction over the appointment of Sajjadanashin is exclusively vested in the Karnataka State Board of Waqf, and civil courts cannot adjudicate such matters.
Point of Law : It is therefore evident that despite fact that revisionist was removed from his post as Mutawalli/Secretary of managing committee of waqf, application filed by him under Section 83(2) ....
A Waqf cannot be created within an existing Waqf, and the Waqf Board lacks authority to create new Waqfs under the Waqf Act.
Succession to the office of Sajjadanashin is determined by nomination and established hereditary practice, affirmed by concurrent judicial findings.
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