Dismissed

Haji Usmangan Ihumnabad v. Karnataka State Board of Auquaf

Karnataka HC19 Jun 2024WA/100052/2024

Case brief

AI extract

What is this about?

This Writ Appeal was dismissed. The High Court upheld the Single Judge order referring the parties to a pending suit (O.S. No.6/2023) before the Wakf Tribunal and appointed the jurisdictional Tahasildar as administrator pending disposal.

What did the court decide?

The writ appeal was dismissed; the Single Judge's order remitting the matter to the Waqf Tribunal and appointing the Tahasildar as Administrator was upheld.

Haji Usmangan Ihumnabad Vs Karnataka State… — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC-D:8191-DB WA No.100052 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF JUNE, 2024

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PRESENT

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THE HON'BLE MR JUSTICE S G PANDIT

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA

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WRIT APPEAL NO. 100052 OF 2024 (GM-WAKF)

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BETWEEN:

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HAJI USMANGANI HUMNABAD, AGED ABOUT 59 YEARS, PRESIDENT, HAJARATH SYED SHAH MURTUJA QUADRI DARGAH, MANAGING COMMITTEE, ILKAL, TALUK-ILKAL, BAGALKOTE-587125.

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APPELLANT

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(BY SRI S.S. YADRAMI, SR. COUNSEL FOR SRI A.S. ZUBAIR AHMED KHAN, ADVOCATE)

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AND:

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KARNATAKA STATE BOARD OF AUQAF DARULAWKAF, NO.6, CUNNINGHAM ROAD, BENGALURU-560052,

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REPRESENTED BY ITS CHAIRMAN.

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Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF KARNATAKA

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THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF DARULAWKAF, NO.6, CUNNINGHAM ROAD, BENGALURU-560052.

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SHRI ABDUL RAJAK KALAI SON OF BALESAB KALAL, MUNICIPAL CHIEF OFFICER (RETD) HAZRATH SYED SHAH MURTUZA KHADRI DARGAH, ILKAL TOWN, BAGALKOTE DISTRICT-587101.

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SAYED MURTUZA SHAH QUADRI, SON OF SAYED SHAH ABDUL KHADRI, AGED ABOUT. 49 YEARS, OCC. HEREDITARY MUTWALLI, AND SAJJADA NASHEEN OF DARGAH HAZRATH, SAYED MURTUZA SHAH QUADRI, SITUATED IN ILKAL, HUNGUND TALUK, BAGALKOT DISTRICT-587101.

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RESPONDENTS

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(BY SRI B. MOHAMMED ALI, ADVOCATE FOR R1 & R2; SRI S.A. SONDUR, ADVOCATE FOR C/R4) NOTICE TO R3 IS DISPENSED WITH

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NC: 2024:KHC-D:8191-DB WA No.100052 of 2024

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 13.02.2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.102526/2023 AND ETC.,

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THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, S G PANDIT, J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This intra Court appeal is directed against the order dated 13.02.2024 in W.P. No.102526/2023 wherein the learned Single Judge has passed a common order clubbing four writ petitions in respect of Hazrath Syed Shah Murtuza Khadri Dargah, Ilkal Town.

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Heard Sri S.S. Yadrami, learned Senior Counsel, appearing for the appellant, Sri B. Mohammed Ali, learned counsel for respondents no.1 and 2 and Sri S.A. Sondur, learned counsel for caveator/respondent no.4. Perused writ appeal papers.

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Learned senior counsel would submit that the

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appellant who was the petitioner before the learned Single Judge was before this Court in W.P. No. 102526/2023 with the following prayers.

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“A. Issue writ of certiorari and quash the impugned order dated 29.03.2023 issued by the respondent No.2 (Chief Executive Officer of the Board) for appointing the respondent No.3 to act as caretaker to the Wakf Institution (Annexure-A);

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B. Issue writ of mandamus directing the respondent no.1 and 2 to constitute petitioner management committee as per general body proposed dated 02.08.2022 (Annexure-H);

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C. Pass such other order/s as this Hon’ble Court may deems fit in the facts and circumstance of the case, in the interest of justice and equity.”

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Learned senior counsel fairly submits that prayer (A) would no more survive for consideration at this stage but he submits that prayer (B) for a writ of mandamus directing the respondents no.1 and 2 to constitute petitioner management committee as per General Body Proposal dated 02.08.2022 (Annexure-H) would survive for consideration.

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Learned senior counsel would submit that the learned Single Judge without appreciating the fact that the Committee was in existence in terms of the approved scheme and such management committee would continue for

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a period of three years. Learned Senior Counsel could further submit that scope of O.S. No.6/2023 is entirely different and in the circumstances, the learned Single Judge ought to have directed constitution of Management Committee instead of appointing Tahasildar as Administrator of Hajarat Syed Shah Murtuja Quadri Dargah. Learned Senior Counsel would submit that the order of the learned Single Judge is contrary to Rule 54(5) of the Karnataka Waqf Rules, 2017. Thus, he prays for allowing the appeal.

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Per contra, Sri. S.A.Sondur, learned counsel appearing for caveator/respondent No.4 would support the order passed by the learned Single Judge and further submits that the tenure of the Committee appointed under order dated 06.08.2019 (Annexure-C) has already come to an end. It is submitted that the Committee was appointed under order dated 06.08.2019 for a period of three years, as provided under the scheme. Further, learned counsel would submit that there are serious allegations, including the allegation of mismanagement, against the petitioner and therefore, keeping open all the contentions of the parties, it

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5 - NC: 2024:KHC-D:8191-DB WA No.100052 of 2024

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would be appropriate to await the decision in O.S. No.6/2023 pending on the file of the Waqf Tribunal, Belagavi. Thus, he prays for dismissal of the writ petition.

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Having heard the learned counsel for the parties and on perusal of the writ appeal papers, the only point which falls for consideration is,

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Whether the appellants have made out any ground to interfere with the impugned order of the learned Single Judge?

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The answer to the above point would be in the negative for the following reasons:

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(a) As fairly submitted by the learned Senior Counsel, Sri. S.S.Yadrami, only prayer B) in the writ petition for a mandamus directing the respondent No.1 and 2 to constitute petitioner management committee as per general body proposed dated 02.08.2022 would survive for consideration.

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(b) The learned Single Judge clubbed all the four writ petitions relating to Hajarat Syed Shah Murtuja Quadri

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NC: 2024:KHC-D:8191-DB WA No.100052 of 2024

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Dargah and passed common order. The learned Single Judge has issued the following directions:

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i. All the writ petitions are disposed of.

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ii. The respective parties are relegated to the suit in O.S.No.6/2023, pending before the Waqf Tribunal, Belagavi

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iii. The plaintiff in the said suit shall within 15 days of the receipt of a certified copy of this order make a formal application to implead all the parties in these writ petitions as party defendants in the said suit, the Applications so filed shall be allowed by the tribunal and the plaint amended.

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iv. The Impleaded defendants shall file their respective written statement within 90 days of they being brought on record.

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v. If any of the parties impleaded wish to file a counter claim they are at liberty to do so within 90 days of their coming on record before the Tribunal.

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vi. Issues and additional issues to be framed by the trial court within 30 days of the pleadings being completed.

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vii. The Waqf Tribunal is directed to dispose of the said suit as expeditiously as possible, preferably within a period of one year from the date of completion of filing of the pleadings in the said suit.

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viii. In order to maintain proper conduct of administration, the jurisdictional Tahasildar is appointed as administrator of Hajarat Syed Shah Murtuja Quadri Dargah, who shall administer the said Dargah until the disposal of the suit in O.S.No.6/2023.

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ix. The said Tahasildar is at liberty to take assistance of such persons of eminence and knowledge in

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NC: 2024:KHC-D:8191-DB WA No.100052 of 2024

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running of the Dargah, as he may require by forming a committee of such persons, needless to say none of the parties to the present Writ petitions and or the suit or part of the alleged managing committee shall be included as a member of such committee to be formulated by the Thasildhar/Administrator.

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x. The Thasildhar/Administrator shall expend money from the funds available with the Dargah and in this regard take into consideration the aid and advice of the District Waqf Officer.

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xi. A quarterly statement of accounts is directed to be placed before the Tribunal in O.S.No.6/2023 and in the event of any advice being required by the Administrator in taking any major financial decisions, such advice could be sought for from the Waqf Tribunal.

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xii. The Additional Registrar (Judicial) is directed to communicate the above order to the Tahasildar, Ilkal, the Deputy Commissioner, Bagalkot, Superintendent of Police Ilkal, the jurisdictional Deputy Superintendent of Police and CPI, Ilkal.

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xiii. The Tahasildar, Ilkal, shall take charge of the affairs of the Dargah at 10.00 am on 17.02.2024.

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xiv. This Court hopes and believes that peace and order would be maintained by all the parties until the resolution of dispute by the Waqf Tribunal and that all the parties shall assist and fully cooperate with the Waqf Tribunal in expeditiously disposing of the suit O.S.NO.6/2023.”

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Court, particularly, to the direction at clause (viii) and submits that instead of appointing Tahasildar as

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Administrator of Hajarat Syed Shah Murtuja Quadri Dargah, the learned Single Judge ought to have directed to constitute a Managing Committee. But, in the facts and circumstances of the case and taking into account the institution of O.S. No.6/2023 before the Waqf Tribunal, Belagavi, the learned Single Judge was of the opinion that the disputed questions of facts and contentions would have to be adjudicated by the Wakf Tribunal. We are also of the view that the contentions raised by the parties are disputed questions of facts and, as directed by the learned Single Judge, it would be appropriate for the parties to sort out their dispute in the pending suit to which, by virtue of the order of the learned Single Judge, all the parties herein have become parties to the suit.

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In the light of the pending and awaiting decision in the suit, the learned Single Judge has rightly appointed the jurisdictional Tahasildar as Administrator of Hajarat Syed Shah Murtuja Quadri Dargah. The discretion exercised by the

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learned Single Judge under Article 226 of the Constitution of India needs no interference at this stage.

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Writ appeal is dismissed.

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All contentions of the parties are left open. It is open for the parties to appear before the civil Court/Waqf Tribunal in the pending O.S. No.6/2023 and contest the suit.

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Sd/JUDGE

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Sd/JUDGE

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BVV – PARA 1 TO 5 KMS - LIST NO.: 1 SL NO.: 6

Haji Usmangan Ihumnabad v. Karnataka State Board of Auquaf

Case brief

What is this about?

What did the court decide?

Haji Usmangan Ihumnabad v. Karnataka State Board of Auquaf

Case brief

What is this about?

What did the court decide?

What the court decided

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