Karnataka High Court
Abdulrahiman Desai S/O Dilawar vs Karnataka State Board Of Auquaf on 26 December, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WA No. 100735 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO. 100735 OF 2023 (GM-WAKF)
BETWEEN:
1. ABDULRAHIMAN DESAI S/O DILAWAR
AGE. 33 YEARS, OCC. BUSINESS
R/O. MANJUNATHPURA,
NEAR RAYARMATH,
MALAMAADI, DIST. DHARWAD-580007
2. MAHABOOB KITTUR S/O KHASIMSAB
AGE: 35 YEARS, OCC: BUSINESS,
R/O: ATTIKOLLA, DIST: DHARWAD-580007
3. HANCHINMANI DADPEER S/O BASHASAB
AGE: 32 YEARS, OCC: BUSINESS
R/O JANAT NAGAR, TOLLNAKA,
DIST. DHARWAD-580004
SHIVAKUMAR
HIREMATH
Digitally signed by
SHIVAKUMAR
4. SAMEER JAVALI S/O MAHABUBSAB
HIREMATH
Date: 2023.12.28
15:15:45 +0530
AGE:35 YEARS, OCC: TYRE PUNTURE SHOP
R/O IRANICHOUL,
DIST: DHARWAD-580004
5. MOHAMD ALI SHIVAMOGA
S/O MAHAMMAD HANIF,
AGE: 33 YEARS, OCC: CONSTRUCTION WORKER
R/O. JANAT NAGGAR, 2ND CROSS,
DIST: DHARWAD-580004
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6. MUDASAAR SOUDAGAR
S/O MUKSUDHAMAD
AGE: 33 YEARS, OCC: DRIVER
R/O NEAR KAZI BUILDING,
GOULI GALLI, DIST: DHARWAD-580007
7. ALTAF HUSENA S/O MOHAMMAD HANIF SOUDAGAR,
AGE: 31 YEARS, OCC: DRIVER
R/O NO. 1364/E-63, DANU NAGAR,
WARD NO.10, DIST: DHARWAD-580001
8. FAIROZ DODDAMANI S/O MEHABOOB
AGE: 28 YEARS, OCC: STUDENT
R/O. TEJASWINI NAGAR,
DIST: DHARWAD-580004
9. WASIM KAZI S/O SAYED MEHABOOB,
AGE: 28 YEARS, OCC: BUSINESS
R/O. KAZI BUILDING, 7TH CROSS, MALMAADI,
DIST: DHARWAD-580004.
10. ALEEM SAYED MEHBOOB KAZI
S/O SAYED MEHABOOB, AGE: 24 YEARS,
OCC: STUDENT, R/O: GOULI GALLI,
OPP: DADA GOULI HOUSE, MALMAADI,
DIST: DHARWAD-580004
11. MOHAMMAD TAYAIB KAZI
S/O IMTYAZ AHMED KAZI
AGE: 23 YEARS, OCC: STUDENT,
R/O TOLLNAKA, SARASWATHPUR,
DIST: DHARWAD-580002
12. NIYAZAAHMED MULLA,
AGE: 23 YEARS, OCC: STUDENT
R/O. JANAT NAGAR, TOLLNAKA
DIST: DHARWAD-580004
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13. MOHAMMAD UMER BARUDWALE
S/O KHURSHEED AHMED,
AGE: 25 YEARS, OCC: BUSINESS,
R/O. GULGANJIKOPPA,
DUMMAGERI ROAD, JANATA COLONY,
K.C. PARK, DIST: DHARWAD-580008
14. ABDUL REHAMAN KALAS
S/O ISMAIL, AGE: 30 YEARS,
OCC: STREET VENDOR,
R/O SHIVANAND NAGAR,
HOSEYALLAPUR,
DIST: DHARWAD-580001
15. ASIF SHIVALI S/O RAFIQ
AGE: 26 YEARS, OCC: PAINTER
R/O. DUMAGERI ONI,
DIST: DHARWAD-580008
16. AQEEB KHAN PATHAN
S/O GULAM MOHAMMAD KHAN
AGE: 26 YEARS, OCC: JOB
R/O: PLOT NO. 27,
AKKAMHADEVI NAGAR,
MEHABOOB NAGAR,
DIST: DHARWAD-580008
17. HUSENSAB HAJARATALI SHAIKH
S/O HAJARATALI,
AGE: 22 YEARS, OCC: STUDENT,
R/O MEHABBOB NAGAR,
JANATA PLOT, GULGANJIKOPPA,
DIST: DHARWAD-580008
18. FAIROZ KHAN PATHAN
S/O KALIMULLA KHAN,
AGE: 29 YEARS,OCC: COOK,
R/O: VIDYAMYA,
P.U. COLLEGE, MADIHAL,
DIST: DHARWAD-580001
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19. MAROOF M. BEPARI S/O ARIF
AGE: 29 YEARS, OCC: AUTO DRIVER,
R/O: C/O: M.B. KAZI BUILDING,
MALMAADI, NEAR RAILWAY STATION,
DIST: DHARWAD-580007
20. SALAM SHIVALI S/O RAFEEQ
AGE: 28 YEARS, OCC: PAINTER,
R/O DUMMAGERI ONI,
DIST: DHARWAD-580008
21. NAVEED S/O NISAR BELLARY
AGE: 21 YEARS, OCC: STUDENT,
R/O KOPPADAKERI, JANULHA PLOT,
NEAR TIPU SHAEED MASJID,
K.C.PARK, DIST: DHARWAD-580008
22. MOHAMMAD BASHA I MULLA
AGE: 22 YEARS, OCC: STUDENT
R/O: YETTNGUDA ROAD, AFS HALL,
TAJ NAGAR, DIST: DHARWAD-580008
23. SADDAMUHSEN TAHSILDAR
S/O MOHAMMED ALI
AGE: 32 YEARS, OCC: FABRICATION
R/O: MEHABOOB NAGAR,
DIST: DHARWAD-580008
24. IMAMJAFAR SADIK NADAF,
S/O ABDUL KHADAR,
AGE: 32 YEARS, OCC: STUDENT
R/O. SONAPUR GALLI, 1ST CORSS,
MEHABOOB NAGAR, DIST: DHARWAD-580008
25. MOHAMMAD AQIL SHAKHASANADI
S/O MARADANSAB
AGE: 33 YEARS, OCC: CONSTRUCTION WORKER
R/O NEAR UDAY HOSTEL,
DIST: DHARWAD-580007
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26 SAIYAD SULEMAN BAGEWADI S/O BABU HUSEN
AGE: 30 YEARS, OCC: PRIVATE JOB
R/O: BHAVANI NAGAR, SARASWATHPUR,
DIST: DHARWAD-580007
27. MOHAMMAD ISHAQ TAMBOLI
S/O MOHAMMAD USMAN
AGE: 24 YEARS, OCC: AUTO DRIVER
R/O: 7TH CROSS, JANAT NAGAR,
DIST: DHARWAD-580004
28. MOHAMMAD FAIROZ PATHAN
S/O ABDUL KHAN PATHAN,
AGE: 30 YEARS,OCC: BUSINESS,
R/O: MANKILA, DHOR GALI,
DIST: DHARWAD-580001
29. MOHAMMAD HANIF BAGEWADI
S/O BABU SARVAR
AGE: 50 YEARS, OCC: BUSINESS,
R/O SUDARSHAN DESAI COLONY,
BHAVANI NAGAR, SARAWATHPUR,
DIST: DHARWAD-580004
30. CHAMMANSAB S/O RAJESAB JAMADAR
AGE: 37 YEARS, OCC: SERVICE
R/O: REDDY COLONY, NEAR VENKATESHWAR
TEMPLE, SARASWATHPUR,
DIST: DHARWAD-580004.
31. SUHAIL S/O FAROOKH KILLEDAR,
AGE: 30 YEARS, OCC: BUSINESS,
R/O. B 302, ROTSON APARTMENT
NEAR K.C. PARK, DIST: DHARWAD-580008
...APPELLANTS
(BY SRI. SADIQ N. GOODWALA, ADVOCATE)
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WA No. 100735 of 2023
AND:
1. KARNATAKA STATE BOARD OF AUQUAF
DARUL AWQAF NO.6
CUNNINGHAM ROAD
BENGALURU-560052
REPRESENTED BY ITS CEO.
2. DISTRICT WAKF OFFICER,
DISTRICT WAKF ADVISORY COMMITTEE
MINI-VIDHANA SOUDHA,
DHARWAD-580001
3. ANJUMAN-E-ISLAM
DHARWAD,
BY ITS SECRETARY,
NEAR OLD-BUSTAND
DHARWAD-580001
4. THE RETURNING OFFICER/ ENROLMENT
OFFICER, DISTRICT WAKF ADVISORY COMMITTEE
MINI-VIDHANA SOUDHA,
DHARWAD-580001
...RESPONDENTS
(BY SRI.S.H.YADAWAD, ADVOCATE C/R3)
---
THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED
01.12.2023 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.107031/2023 BY ALLOWING THE APPEAL, IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
VIJAYKUMAR A.PATIL, J., DELIVERED THE FOLLOWING:
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WA No. 100735 of 2023
JUDGMENT
This intra-court appeal is filed by the unsuccessful
petitioners before the learned Single challenging the order
dated 01.12.2023 passed in W.P.No.107031/2023,
wherein the learned Single Judge was pleased to dismiss
the writ petition.
2. The appellants have filed the writ petition
assailing the order dated 03.11.2023 insofar as Chapter 4
Clause 5 and 7 of the Scheme of Administration of the
respondent No.3 Institution and further prayed to issue
writ in the nature of mandamus directing respondent No.1
to modify the membership fees of ordinary and life
members by considering their representation dated
24.11.2023.
3. The essential grievance of the appellants was
that, the appellants are the ordinary and life members of
the respondent No.3 Institution and without calling for the
General Body meeting and without providing any
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opportunity to the appellants, respondent No.3 Institution
has modified the Scheme of Administration for the
Management of the Anjuman-E-Islam, Dharwad, by
modifying the prescribed fees of Rs.500/- towards ordinary
membership fees and Rs.10,000/- towards life
membership. It is averred that, respondents No.1 and 2,
without following the due process, have approved the
Scheme of Administration of respondent No.3 Institution
and hence they seek to set aside the modification to the
extent of prescribed fees by considering their
representation.
4. Sri. Sadiq Goodwala, learned counsel appearing
for the appellants submits that, the learned Single Judge
has committed an error in not appreciating the fact that,
the respondent No.3 Institution without calling for any
General Body meeting, has modified the Scheme of
Management on its own, which has been approved by
respondents No.1 and 2 and it is contrary to the settled
principles of law. It is submitted that, the learned Single
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Judge ought to have entertained the writ petition taking
note of the fact that, by increasing the membership fees,
the persons belonging to the lower strata of their
community would not be able to participate in the affairs
of respondent No.3 Instituiton. Hence he seeks to allow
the appeal by setting aside the impugned clauses of the
Scheme of Administration of the respondent No.3
Institution.
5. Having heard the learned Counsel for the
appellants, perused the memorandum of appeal and
annexures.
6. It is not in dispute that the appellants, who are
the ordinary and life members of the respondent No.3
Institution, are aggrieved by the action of the respondent
No.3 Institution in raising the prescribed membership fees,
in case of ordinary members to Rs.500/- and in case of life
members to Rs.10,000/-. Considering the rival
submissions, the learned Single Judge has recorded the
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categorical finding that, since the proposal is only with
regard to change of prescription fees payable by the
ordinary and life members, the question of providing any
opportunity of hearing to the other members as provided
under Section 30(2)(d) of the Wakf Act, 1995, does not
arise. The learned Single Judge, taking note of the
constitution of the Tribunal under Section 83 of the
aforesaid Act of 1995, has relegated the appellants to
raise the dispute.
7. This Court on re-appreciation of the material
available on record, is of the considered view that the
appellants are required to raise their grievance before the
Tribunal by placing necessary material before it. This
Court does not find any error in the finding recorded by
the learned Single Judge calling for interference in this
appeal. It is open for the appellants to raise all the
contentions urged in these proceedings before the
Tribunal, which is duly constituted for the purpose of
deciding the lis between the members and the Wakf
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Institution. This Court does not wish to go into the legality
or correctness of the prescription fees to the members of
the respondent No.3 Institution in the present
proceedings.
8. It is made clear that, this Court has not
expressed any opinion with regard to the approval of the
Scheme of Management by respondents No.1 and 2. The
appellants have been granted liberty to raise all the
contentions urged in the present proceedings before the
Tribunal.
9. With the above observations, writ appeal is
disposed of by declining to interfere with the impugned
order of the learned Single Judge.
Sd/-
JUDGE
Sd/-
JUDGE
gab
