The Respondent No.2 in Application No.64/2022 pending

consideration before the Karnataka Waqf Tribunal, Bengaluru

(henceforth referred to as ‘the Tribunal’) has filed this petition

challenging an Order dated 22.09.2022 in terms of which, the

Tribunal rejected an application (I.A. No.III) filed by it under

Order VII Rule 11 of the Code of Civil Procedure, 1908 (for

short, ‘CPC’).

The respondent No.1 filed Application No.64/2022

before the Tribunal, to set aside an Order dated 10.08.2022

passed by the respondent No.2 – Karnataka State Board of

Wakf (for short, ‘the Board’) constituting the petitioner for the

management of Masjid-e-Nalbandwadi (for short, ‘the Masjid’)

and to direct the respondent No.2 to re-constitute the

Managing Committee of Masjid-e-Nalbandwadi situate at police

road

cross,

Bengaluru-560053

in

accordance

with

the

procedure laid down in the scheme of administration.

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3.

The respondent No.1 claimed that he was a Mussalli

of Masjid-E-Nalbandwadi, which was a notified waqf. The Masjid

was administered by a self styled Managing Committee, until

the Tribunal passed an order dated 17.12.2021 in Application

No.16/2021, directing the Board to approve a scheme of

administration as per Rule 48 of the Karnataka Waqf Rules,

2017. Consequent thereto, the Board approved a scheme of

administration in terms of an Order dated 06.12.2021. The

Tribunal hence directed that the scheme of administration shall

be followed by the Managing Committee, which was directed, to

be constituted within a span of three months. The respondent

No.1 claimed that de hors the direction of the Tribunal and in

violation of scheme of administration, a Managing Committee

was constituted on the basis of recommendations of the District

Waqf Officer and Vice-Chairman of the District Waqf Advisory

Committee, Bengaluru Urban (South), was nominated as the

President of the Managing Committee of the Masjid and two

tenants of the Masjid, who were ineligible, were nominated as

the members of the Managing Committee. Hence, respondent

No.1 prayed that the order approving such a committee be set

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aside and prayed for reconstituting the committee as per the

scheme of administration.

4.

The

petitioner

herein

being

the

Managing

committee of the Masjid entered appearance and filed an

application under Section 83 of the Waqf Act, 1995 read with

Order VII Rule 11 of CPC., to dismiss the application

No.64/2022 on the ground that respondent No.1 had no cause

of action or locus standi to file the application. It was

contended therein that in the scheme of administration

approved by the Board, the area of operation of the Masjid was

shown as ‘Nalbandwadi Road, Nalbandwadi Lane, Nalbandwadi

cross, Madrasa Sab Lane, M.R. Lane, Public Road, 1^st Cross and

Manager Ranganna lane”. It was claimed that respondent No.1

was a resident of No.147, 9^th cross, Police road, Puttanna Galli,

Bengaluru, which was not included in the jurisdiction of the

Masjid-e-Nalbandwadi. Hence, he had no locus standi to

challenge the constitution of the Managing Committee. It was

further claimed that respondent No.1 was a member of Masjid-

e-Jaali Mohalla, Bengaluru. It was contended that under the

model scheme of administration, a person cannot be a member

of more than one waqf of same category. Therefore, it was

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contended that respondent No.4 had no locus standi to

challenge the constitution of petitioner. It was further

contended that O.S. No.22/2021 was filed by respondent No.1

before the Tribunal challenging the scheme of administration

and the Tribunal rejected an application for stay of the scheme

of administration. It was thus contended that until the scheme

was modified or altered, giving rise to a cause to respondent

No.1 and cloth him with locus standi, he was not entitled to

challenge the constitution of the Managing Committee.

5.

This application was opposed by respondent No.1

contending that until the Tribunal decided O.S.No.22/2021, the

application (I.A. No