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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF MARCH, 2022
BEFORE
THE HON’BLE MR.JUSTICE ASHOK S. KINAGI
CRP No.200006/2022
Between:
Sri Shaikh Sartaj Hussaini
S/o Late Shaik Magdum Hussaini,
Age: 52 years,
Occ: Agriculture & Mutavalli,
Sajjada Nashin of Darga
Hajrat Suleman Pasha and
Darga Hazrat Shaikh Shahaboddin,
R/o Maniyal,
Tq. & Dist. Kalaburagi-585 103.
... Petitioner
(By Sri K.M.Ghate, Advocate)
And:
1.
Mr. Shaikh Abdul Aziz S/o Habibsab,
Age: 45 years, Occ: Nil,
R/o Maniyal,
Tq. & Dist. Kalaburagi-585 103.
2.
The District Wakf Officer,
O/O District Wakf 1st floor,
Kuda Building, Station Road,
Kalaburagi-585 102.
3.
The Karnataka State Board of Wakf,
Represented by its
Chief Executive Officer
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Darul Ouqaf No.6, Cunningham Road,
Vasantanagar, Bengaluru-500062.
... Respondents
(By Sri Nayeem Ahmed Mubrak, Nabisab &
Sri K.N.Timmapuri, Advocates for C/R1;
By Sri P.S.Malipatil, Advocate for R2 & R3)
This Civil Revision Petition is filed under 83(9) of the
Wakf Act, 1995 praying to call for the records of
Application No.71/2021 pending on the file of Presiding
Officer, Wakf Tribunal, Kalaburagi, and set aside the orders
passed on dated 28.01.2022, on I.A.No.1 and pleased to
consider the said I.A.No.1 filed by the revision petitioner
as against the implementation of the order passed by 3rd
respondent in file No.KSBA/121/APM/ KLB/2020-201 dated
18.09.2021, to meet the ends of justice and equity.
This petition coming on for Orders this day, the
Court made the following:-
Being aggrieved by the order dated 28.01.2022
passed on I.A.No.1 in Application No.71/2021 by the
Karnataka Wakf Tribunal, Kalaburagi, petitioner has
filed this revision petition.
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2.
Brief facts giving rise to filing of this
revision petition are as under:
Respondent No.3 issued Gazette Notification with
regard to Wakf institution and Mutawalli of Darga
Hazarat Suleman Pasha and Shaikh Shahaboddin
(sunni) of Maniyal village, Kalaburagi Taluk and
District. Father of the petitioner, petitioner and his
brother filed an Application No.1/2006 before the
Wakf Tribunal and the same came to be allowed
against respondent Nos.2, 3 and one Mohammed
Tippusultan and others vide order dated 19.02.2009.
On
15.03.2021,
respondent
No.1
submitted
application for appointment as Mutawalli to the Wakf
institutions
namely,
Darga
Hazarat
Shaikh
Shahaboddin (Sunni) of Maniyal village, Kalaburagi
Taluk and District. Father of the petitioner who was
hereditary Mutawalli/Sajjadanashin of the said Wakf
institution died on 06.04.2021. On 07.04.2021,
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respondent No.2 issued public notice with regard to
appointment
of
Mutawalli.
Respondent
No.2
forwarded a recommendation report recommending
the appointment of respondent No.1 as Mutawalli vide
report dated 19.06.2021. The present revision
petitioner filed objections before respondent No.2 to
the public notice dated 07.04.2021 and requested for
recommending the name of present petitioner to be
considered for appointment to the post of hereditary
Mutawalli
as
Sajjadanashin
to
the
said
Wakf
institution. On 18.09.2021, respondent No.3 passed
an order appointing respondent No.1 as Mutawalli.
The petitioner aggrieved by the order of appointment
of respondent No.1 as Mutawalli, filed an application in
Application No.71/2021 before the Wakf Tribunal and
also filed an application to stay the order of
appointment of respondent No.1 as Mutawalli. The
said application was opposed by respondent No.1 by
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filing objections. The Tribunal after hearing the
parties rejected the said application. Hence, this
revision petition is filed.
3.
Heard learned counsel for the petitioner
and also learned counsel for the respondents.
4.
Learned counsel for the petitioner submits
that the petitioner filed representation for appointing
him as Mutawalli under Section 42 of the Wakf Act
after the death of the Mutawalli. He submits that said
post of Mutawalli is a hereditary post. Further, grand
father of the petitioner and the father of the petitioner
were Mutawallis of the said Wakf institution. Father of
the petitioner died on 06.04.2021. After the demise of
the father of the petitioner, Wakf Board issued notice
on 07.04.2021 calling applications for appointment of
Mutawalli. He further submitted that petitioner filed
objections and no enquiry was held by the Board
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before
issuing
appointment
order
in favour
of
respondent No.1. He further submits that the Board
has committed an error in issuing appointment order
of Mutawalli in favour of respondent No.1. He further
submitted that there was no vacancy as on the date of
making application by respondent No.1. He further
submits that the Board has not taken decision on the
objections and representation filed by the petitioner.
He further submits that the order passed by the Board
is behind the back of the petitioner and that the
Tribunal without considering the said aspect has
proceeded to pass the impugned order rejecting the
application seeking stay of appointment of respondent
No.1 as Mutawalli. On these grounds, he prays to
allow the revision petition.
5.
Per contra, learned counsel for respondent
No.1 supports the impugned order. He submits that
the petitioner has failed to establish that it is
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hereditary post of Mutawalli and further, the Tribunal
was justified in passing the impugned order. He
further submits that the appointment order was issued
on 18.09.2021 and respondent No.1 has taken charge
of the Mutawalli. Therefore, the application filed by the
petitioner fo
