ORDER

In W.P.No.20369/2019

The petitioners are before this Court calling in question an order dated 11.04.2019 by which the petitioners are removed from being the members of the Managing Committee of Hazarath Syed Bandagi Hussaini Mazar ('Waqf property' for short).

2. Heard Sri. Naveed Ahmed, learned counsel appearing for the petitioners and Smt. S.R. Anuradha, learned

senior counsel along with Smt. Swathi Ashok, learned counsel appearing for respondents No.1 and 2 and have perused the material on record.

3. A Managing Committee of Hazarath Syed Bandagi

Hussaini Mazar is constituted comprising of nine members, including the petitioners. The Committee comes to be constituted on 18.09.2017 for a period of 3 years. Allegations galore against the members of the Managing Committee. Notices were issued to the petitioners seeking to conduct an enquiry under Section 54 of the Wakf Act, 1995 (for short ‘the Act’), on 29.09.2018. Subsequent notices were also issued by respondent No.1 against the petitioners seeking to show cause as to why they should not be suspended in terms of Section 64

of the Act.

4. The show cause notices so issued against the petitioners is challenged before the co-ordinate bench in W.P.Nos.54704-54707/2018. The co-ordinate bench, in terms of its order dated 07.12.2018, disposed the writ petitions by directing the petitioners to file their reply to the show cause notice, within one week from the date of the order i.e.,

07.12.2018. The reason rendered was that the writ petition against a show cause notice was not maintainable. The said finding has become final.

5. The petitioners replied to the show cause notices on

19.11.2018. The result of the proceedings instituted after the show cause notices is the impugned order. The interregnum between the disposal of the writ petitions directing the petitioners to submit their reply and the impugned order is blissfully suppressed by the petitioners in the subject writ petition. The challenge is projected to be an order passed on 11.04.2019, without affording reasonable opportunity against the petitioners.

6. Learned senior counsel, Smt. S.R. Anuradha appearing for respondents No.1 and 2, taking this Court through the documents appended to the statement of objections, would demonstrate that after the reply given by the petitioners to the show cause notices, the petitioners participated in an enquiry under Section 64 of the Act and the report of enquiry is also submitted on 03.04.2019. It is the enquiry that has resulted in the impugned order, which fact is

completely suppressed by the petitioners and on such suppression, the petitioners have secured the interim order at the hands of this Court way back in the year 2019.

7. Learned senior counsel would further submit that the Committee was constituted on 18.09.2017 for a period of 3 years and the Committee's term would come to an end on 17.09.2020, notwithstanding the same on the aforesaid suppression of facts, pursuant to the interim order granted by this Court, the petitioners have continued to be in the possession status quo ante despite their term being over. She would seek dismissal of the petition.

8. The afore-narrated facts are not in dispute. The

Committee constituted on 18.09.2017 is a matter of record. In the year 2018, owing to certain allegations, show cause notices were issued to the petitioners that was challenged before this Court in the aforesaid writ petitions, which come to be disposed by the following order:

“The petitioners filed the present writ petitions for a writ of certiorari to quash the impugned show cause notices dated 19-11-2018 vide annexures -L1 to L4 issued by the respondent calling upon the petitioners to explain within seven days from the date of the notice as to why orders keeping them under suspension should not

be issued under Section 64(1)(k) of the Waqf Act, 1995

('Act' for short).

2. Learned counsel for the petitioners submitted that the proceeding under Section 54 of the 'Act' is also initiated by the re