The above revision petition is filed under Section

83(9) of the Waqf Act, 1995, read with Section 115 of

the Civil Procedure Code, for the following reliefs:

"a) Set aside the order dated 24.07.2020 passed

by the respondent No.2, in the interest of justice

and equity. The copy of which is at Annexure-J.

b) To set aside the order dated 30.04.2021 passed

by the Waqf Tribunal, Kalaburagi in application

No.05 of 2020 by upholding the right of the

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petitioner herein as Hereditary Mutawalli of Darga

Hazrat Syed Chanda Hussaini R.A. Post: Gogi, Tq:

Shahapur, Dist: Yadgir, to meet the ends of justice.

The certified copy of which is at Annexure-A."

2.

The petitioner filed an application under

Section 83(2) of the Waqf Act, to set aside the order

dated 24.07.2020, passed by the second respondent

and to declare/adjudicate that the applicant is the

Hereditary Mutawalli. It is the case of the petitioner,

who is the applicant before the Waqf Tribunal that

Dargah Hazarath Syed Shah Jalaluddin Hussaini @

Hazrat Syed Chanda Hussaini is notified as a Waqf

institution

in

Gazette

Notification

No.KTW/

2012/ASR/74 dated 16.04.1974 at Serial No.21 of

Shahapur Taluka. That in Column No.6 of the said

notification dated 16.04.1974, the name of the great

grandfather of the applicant namely, Syed Ismail

Hussaini is mentioned as Mutawalli and further in

Column No.12, it is mentioned that the said office of

Mutawalli is by Custom/Hereditary.

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3.

It is the further case of the petitioner that

after the demise of his great grandfather, his

grandfather by name Noor-e-Alam-Hussaini, filed an

application to the first respondent for his hereditary

rights of Mutawalli as per the customs of the Waqf and

by order dated 19.09.1996, he was appointed as a

Hereditary

Mutawalli

of

the

said

institution.

Thereafter, after the lifetime of his grandfather, the

father of the petitioner filed an application to appoint

him

as

a

Hereditary

Mutawalli,

but,

the

first

respondent by order dated 29.02.2012, appointed the

father of the petitioner as Mutawalli for a period of 3

years instead of Hereditary Mutawalli. Thereafter, the

father of the petitioner again approached the first

respondent by submitting the requisite documents

i.e., Shijra, Waqf Deed, Muntakhab, etc., in support of

his contention and requested for consideration of his

claim as a Hereditary Mutawalli. Accordingly, the first

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respondent by order dated 22.01.2014, appointed the

father of the petitioner as Hereditary Mutawalli.

4.

It is the further case of the petitioner that

his father died on 28.08.2017 and after the demise of

his

father,

the

petitioner

approached

the

first

respondent to appoint him as a Hereditary Mutawalli

of the said institution. The first respondent by order

dated

19.12.2017,

appointed

the

petitioner

as

Mutawalli for a period of 3 years instead of appointing

him as a Hereditary Mutawalli. The petitioner gave a

representation vide letter dated 17.10.2018, to the

third respondent to consider his claim for Hereditary

Mutawalliship. Accordingly, the third respondent sent

a letter dated 17.10.2018, to the first respondent to

consider the request of the petitioner in view of

Section 42 of the Waqf Act and to appoint the

petitioner as a Hereditary Mutawalli. Since the claim of

the petitioner was not considered, the petitioner was

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constrained to file W.P.No.204965/2019. This Court,

vide order dated 27.01.2020, disposed off the said

writ petition and directed the first respondent to

consider the representation of the petitioner within 8

weeks from the date of the said order. The second

respondent vide its order dated 24.07.2020, rejected

the application filed by the petitioner for appointing

him as a Hereditary Mutawalli. Being aggrieved, the

petitioner filed Application No.5/2020 before the Waqf

Tribunal.

5.

The respondents have entered appearance

before the Waqf Tribunal, filed their statement of

objections and contested the case of the petitioner.

The petitioner got himself examin