The Anjuman-e-Islam vs The State Karnataka Department of Minority Welfare, Haj and Wakfs and The Karnataka State Board of Wakfs,"Darul Awkaf"

S. Abdul Nazeer

The petitioner has called in question the validity of the order at Annexure-A dated 18.08.2012, whereby the Additional Chief Executive Officer, Karnataka State Board of Wakf has appointed Sri Yakoob Hassansab Natikar as a Muthawalli of the petitioner/Society for a period of three months or until further orders whichever is earlier with a direction to settle a scheme of management and hold elections as per the order of the Secretary in Revision Petition No. MWD/33/WLM/2011 dated 15.06.2012. Since the period of three months under the impugned order has expired, the writ petition has become infructuous.

At this stage, learned counsel for the petitioner contends that the impugned order has been passed by the Additional Chief Executive Officer, who has no power or authority whatsoever. It is his further contention that u/s 69 of the Wakf Act, the Board has to pass such order.

Learned counsel for the respondents/Board Submits that the Board has delegated power to appoint Muthawalli u/s 69 of the Act to the Additional Chief Executive Officer having regard to Section 27 of the Act. He has produced a copy of the order delegating the power to the Chief Executive Officer dated 21.08.2009. The Board has ratified the delegation of power in its meeting held on 10.09.2012. In the circumstances, there is no merit in the contention of the learned counsel for the petitioner that the Additional Chief Executive Officer of the Board has no power or authority to pass the impugned order. The writ petition is accordingly dismissed. In view of dismissal of the writ petition as above IA.1/2012 does not survive for consideration. It is accordingly dismissed. No costs.