IN THE HIGH COURT OF KARNATAKA AT
Dated this the 121" day of October, V' 3
BEFORE" d 'V 'V 4'
THE HON'BLE MR. JU:S=1'IۤE' iv A
Writ Petition N0. 3264.5 of 20.10 {G1v;{\2ir;4x:{fr5'1VVV
BETWEEN: " I
Shamshul Islam,
S/0 Noorul Islam,
Aged 35 dyea"rs.,
Occ : Busiries-S_ a _
and Vice P1*esider1'£._0i' _ _
Managing Committe'e.,_
Yateern Khana, ' 4' A = V
Anj u1_nan--E"--'An;su 1fasu'ffa§ 7'
Station Road, Gulbargs. ...Pe-titioner
13
_ Sri Satishgvl Doddamani, Advocate)
The Karnataka State Board of Wakfs,
A -- V V' Byeits Chief Executive Officer,
" No.6' Cunninghajn Road,"
'Ban-galore -- 52. ...Resp0r1dent
[0
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to quash the impugned show
cause notice dated 15.9.2010 issued by the respondent Vide
Annexure--C and etc., .
This Writ Petition coming on for preliminary he'ar:i'ng"--this
day, the Court made the following: ' ». " ..
ORDER
The petitioner has chal1enged:”i_n:”this
show cause notice issued by the._;W,c,;1«:f B”oaird–.Cg}1ing himl
to show cause why the committee ofmanagement Anjuman–
E–Ansurasuffa Yateern Khana, Gulbarga, should
not be supe’rsede”d,,–~.._p ”
2. grieyantgé of: the petitioner is Rule 58 of the
._Karnait.alf.a Wakf hRVulv——-s«;’1997 specifically provides for issue of
82. The impugned show cause notice is not
irrtheildform’ prescribed. Secondly, it is contended, as is clear
[from the Vlprescxibed form, the said show cause notice has to be
“..:issgue’d._by’ the order of the Board. The impugned show cause
–..li’.-noticelddo not show that the same is issued by the order of the
My
Board. Therefore, it is contended that the impi1.igne;’dt:.l’s<how
cause notice is vitiated and is liable to be set aside.' " . _ 1 I
3. A perusal of Rule 58 shows that the ..Wakf..Board_ has
the jurisdiction to supersede ol\\[,.,
the managing committee const_ituted._by theinrll
any such action, the said mlellldfzilroxfides shallflissue notice
in Form 82 to a’ action is
contemplated under 67 . A copy of
the Fonn 82 at perusal of the same
discloselslVthast15.the notice should contain when the
committee is for what period. then what are
the reasonsufor ta_k;ing–._action against the committee, if such an
action is taken ‘tori—–tl1e basis of the audit report, it shall be
‘ s.peeifieally;’stated so and a months time is to be given to show
cause reply is replied, then further proceedings have
to be taken in accordance with the procedure prescribed under
it if» law”.«._It is true in the show cause notice impugned in this Writ
Petition, the provision of law is not mentioned, date of
constitution of the committee and the period of of
the committee are not mentioned. The petitionierv
Petition has categorically stated Of’.-‘ what date isj
constituted and for what period.
facts which is not in dispute is within ‘the”‘kr1ow1edge
of the petitioner, the show cause n’oticeL’wo’ul’d–not.get vitiated.
4. In so far as the Board has to
authorize, that ‘argument ernanateds’f1’or11.:Fo1-In 82. A format or
a form cannot_:o’vfer.§ri–de4’af.statt1i.gry?.:provision. All that Rule 58
prescribes’ notice. Now, admittedly a
notice isissued. Executive Officer of the Karnataka
State Board of “WakifsA.”–V_is\/Iernely in the show cause notice it is not
ment<i_oned eVVthatAAVit'vi–s…b'y the order of the Board, it cannot be
'peresuna.edrthat' the Board has not authorized him to issue such
a– noticed.' -Cindjthe contrary, when an official in discharge of his
'V official functions issues a show cause notice as contempiated
t,AAt11V(;f-1:1' the Eaw, the presumption is he has been duly
'authorized. It is for the person who disputes the said fact to
5
place material to rebut such presumption. No such material is
produced except assertion. However, the said contention can
also be urged in the reply£to be filed to the show caupsesnotice,
apart from traversing the ailegations on me1its:p.c._i5IVid’etje. these
circumstances, I do not find any justification to__’ente.rtai.n
Writ Petition. Accordingiy, the;'”Wr1t. p_P’etitf1or1p”ai.sivrejectedii
reserving liberty to the petitioner detail Ad».nreplv”toV’the
show cause notice within the spec;..fied.,_
sdl-_§_
Judge