The Managing Committee vs The Managing Committee
2022 Latest Caselaw 9517 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 23RD DAY OF JUNE, 2022

                       BEFORE

       THE HON'BLE MS. JUSTICE JYOTI MULIMANI

      CIVIL REVISION PETITION NO.195 OF 2022

BETWEEN:

THE MANAGING COMMITTEE
(UNDER CHALLENGE) DARGAH HAZRATH
SYED SYEDANI BI BI
HAVING ITS OFFICE NEAR BASITH
SARAI, MYSORE ROAD
BANGALORE-560053
REP BY ITS SECRETARY
MR. FEROZ PASHA                 ...PETITIONER

(BY DR.B.MANJUNATH., ADVOCATE)

AND

1.    THE MANAGING COMMITTEE
      DARGAH HAZARATH SYEDA
      SYEDANI BI BI, NEAR BASITH SARAI
      MYSORE ROAD
      BANGALORE-560053
      REP BY ITS SECRETARY
      MR. TANVEER

2.    M/S KARNATAKA STATE BOARD OF AUQUAF
      NO.6, CUNNINGHAM ROAD
      SHESHADRIPURAM
      BANGALORE - 560 052
      REPRESENTED BY ITS
      CHIEF EXECUTIVE OFFICER
                                   ...RESPONDENTS
(BY SRI.MASKOOR HASHMI.M.D.- ADVOCATE FOR R1
     SRI.SYED IMRAN, ADVOCATE FOR R2)
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     THIS CRP IS FILED UNDER SECTION 115 OF CODE
OF CIVIL PROCEDURE, 1908.


     THIS CRP COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:


                             ORDER

Dr.B.Manjunath, learned counsel for petitioner and

Sri.Maskoor Hashmi.M.D., learned counsel for respondent

No.1 have appeared in person.

Sri.Syed Imran for respondent No.2 has appeared

through video conferencing.

2. The parties are referred to as per their

rankings before the Tribunal.

3. The brief facts of the case are stated as under:

It is stated that aggrieved by the order

dated:22.02.2022 in No.KSBA/CMC/13/BNU(S)/2021-22

passed by the Karnataka State Board of Auquf - the first

respondent, the Managing Committee Dargha Hazarath

Syeda Syedani Bi Bi - the applicant filed an application in

No.16/2022 before the WAQF Tribunal under Section 83

(2) of the WAQF Act, 1995 to pass a judgment and decree

in its favor. The application under Order XXXIX Rule 1 and

2 read with section 151 of CPC read with section 83(5) of

the WAQF Act, 1995 was also filed by the applicant.

Having received the summons, the Managing

Committee (under Challenge) - the second respondent

appeared and sought for time to file their objections and

contested the matter. It was contended on behalf of

second respondent that the applicant Committee had

already completed its tenure and the WAQF Board - the

first respondent has appointed a new committee in

accordance with law. It is stated that the applicant

committee has completed its term from 05.11.2018 to

05.11.2021.

The Tribunal allowed the application on 11.03.2022

and restrained the first respondent from ratifying the

order in its meeting and consequently the execution and

operation of the order issued by the Chief Executive

Officer of the WAQF Board constituting the second

respondent Managing Committee for the management of

the Dargah is stayed till the disposal of the main

application. It is this order which is challenged by the

petitioner on various grounds as set out in the

memorandum of Revision Petition.

3. Learned counsel for petitioner and respondents

have urged several contentions.

4. Heard the contentions urged on behalf of

respective parties and perused the papers and the order

with care.

While addressing argument, Dr.B.Manjunath,

learned counsel for petitioner submits that the application

is filed by the Managing Committee, Dargha Hazarath

Syeda Syedani Bi Bi - and the Committee is represented

by its Secretary Mr.Tanveer. Learned Counsel vehemently

contended that the Mr.Tanveer has no locus to present the

application as he is not even a member, hence he cannot

represent the Committee. Thus the same is illegal and not

valid in the eye of law.

It is further submitted that in view of the orders

passed on interlocutory applications, the petitioner is not

able to discharge their functions. Counsel therefore,

submits that direction may be issued to the Tribunal to

and dispose off the application as expeditiously as

possible.

Learned counsel Sri.Maskoor Hashmi.M.D., and

Sri.Syed Imran for respondents submits that they have no

objection for the said submission. They also submits that

they shall co-operate for the disposal of the application.

Suffice it to note that that the revision petition is

filed challenging the orders passed on the interim

applications.

Taking note of the said submissions made on behalf

of respective parties, the revision petition is disposed off

directing the Waqf Tribunal, Bengaluru to dispose of the

Application No.16/2022, within 60 days from the date of

copy of this order.

It is made clear that the orders passed on interim

applications shall continue to operate till disposal of the

application by the Tribunal.

Sd/-

JUDGE

GVP