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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 9^th DAY OF MARCH, 2021

BEFORE

THE HON’BLE MS. JUSTICE JYOTI MULIMANI

C.R.P. NO.200002 OF 2014

BETWEEN:

SMT. ZOHRA SAYEED

W/O. SYED RASHEED ALI

(DECEASED SAJJADA MUTAWALLI OF

DARGAH HZRAT SYED SHAH RAJU BURHAN

KATTA NAWAZ, VILLAGE NAGOR

TQ. & DIST.GULBARGA)

AGED ABOUT 64 YEARS, OCC: HOUSEHOLD

R/O. NAYA MOHALLA, MIZGORI

GULBARGA - 585 102

PRESENTLY RESIDES AT NEW COLONY

ROSHAN GATE, AURANGABAD.

… PETITIONER

(BY SRI DEEPAK VISHNU BARAD, ADVOCATE)

AND:

1.

THE CHAIRMAN

KARNATAKA WAKFS BOARD

NO.6, CUNNINGHAM ROAD

BANGALORE - 560 002.

2.

THE CEO

KARNATAKA WAKFS BOARD

NO.6, CUNNINGHAM ROAD

BANGALORE - 560 002.

3.

THE CHAIRMAN

DISTRICT WAKFS ADVISORY COMMITTEE

MADINA BUILDING, MAIN ROAD

GULBARGA - 585 102.

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4.

SYED SHAH SIRAJUDDIN HUSSAINI

S/O SYED SHAH BASHIRUDDIN HUSSAINI

AGE: MAJOR, OCC: BUSINESS

R/O. H.NO.1-195

BEHIND RAJ DARBAR RESTAURANT

AIWAN-E-SHAHI

GULBARGA - 585 102.

… RESPONDENTS

(SRI A. VIJAYKUMAR, ADVOCATE FOR R1 & R3;

SRI LIYAQAT FAREED USTAD, ADV. FOR R1

(NOC NOT OBTAINED);

SRI VINAYAK APTE, ADV. FOR R4

R2 - SERVED)

THIS C.R.P. IS FILED UNDER SECTION 83(9) OF THE

WAKF

ACT,

1995,

CHALLENGING

THE

ORDER

DATED

07.11.2013 PASSED BY THE PRESIDING OFFICER, KARNATAKA

WAKF TRIBUNAL, GULBARGA IN APPLICATION NO.05/2012.

THIS C.R.P. HAVING BEEN HEARD AND RESERVED FOR

ORDERS, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS

DAY, THIS COURT MADE THE FOLLOWING:

ORDER

Sri.Deepak Vishnu Barad, learned counsel for

petitioner and Sri.Vinayak Apte, learned counsel for

respondent No.4, have appeared in-person.

2.

This is a petition from the Court of

Karnataka Wakf Tribunal, Gulbarga.

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3.

For the sake of convenience, the parties

shall be referred to in terms of their status and

ranking before the Tribunal.

4.

The plaint averments are stated as under:

It is the case of the applicant that she is the

daughter of one - Shaha Mohd. Maqdum Hussaini

Katta Nawaz. Shaha Mohd. Maqdum Hussaini Katta

Nawaz was the Mutawalli of Hazrat Shaha Raju

Buranoddin Katta Nawaz of Nagur village in Gulbarga

Taluk. He had appointed his son Shaha Mohiuddin

Hussaini as Sajjada Mutawalli to the Wakf. He died on

26.10.1976. It is stated that after the death of Shaha

Mohiuddin Hussaini, the father of the applicant

appointed her as Sajjada Mutawalli. Thereafter, Shaha

Mohd. Maqdum Hussaini, the father died. It is averred

by the applicant that she being the only daughter can

act as a hereditary Mutawalli to the Wakf Institution.

The applicant stated that after the death of her

father, one - Syed Sha Basheeruddin had filed an

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application to appoint him as Mutawalli to the Wakf.

He was appointed for a period of 3 years as a

temporary Mutawalli in the year 1979. It is alleged

that in collusion with the Wakf Board, he continued to

be a temporary Mutawalli till 2004. After his death, his

son - the fourth respondent was appointed as

temporary Mutawalli for a period of 3 years. The

applicant has specifically pleaded that it is only in the

year 2008, the Wakf Board illegally coverted the

Mutawalliship of fourth respondent as a Hereditary

Mutawalli to the Wakf. The applicant further stated

that she objected the appointment of Syed Shah

Sirajuddin and she issued a notice through advocate

on 19.11.2005. The Karnataka State Wakf Board

failed to reply to the said notice. Therefore, she was

constrained to seek the aid of the Court and

accordingly, issued notice under Section 89 of the

Wakf Act, 1995. The Board replied to the said notice

on 03.12.2011. The application / case was registered

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in the year 2012 and the case was earlier dismissed

for non-compliance of the order of the Tribunal.

After service of notice, the fourth respondent

filed detailed objections. He contended that he was

appointed as a Sajida Mutawalli and the applicant was

aware