Case Note & Summary
The petitioner, Shri Syed Shah Tayyab Khadri, was the Muthawalli of Hazrath Masthan Vali Shah Khadri Dargah (Sunni) in Hatcholli Village, Siruguppa Taluk, Ballari District. The Karnataka State Board of Auqaf (respondent No.2) passed an order dated 15.03.2019 under Section 65 of the Waqf Act, 1995, assuming management of the Dargah and appointing the Tahsildar (respondent No.3) as Administrator for six months, on the grounds that the petitioner was not residing in station and had not maintained the institution properly. The petitioner challenged this order by way of a writ petition under Articles 226 and 227 of the Constitution of India, contending that the order was passed without any notice or opportunity of hearing to him, in gross violation of principles of natural justice. The respondents appeared through counsel and argued that the Board had power under Section 65 to assume management. The court, after hearing both sides, found that the impugned order did not disclose any notice or hearing having been given to the petitioner before his removal. The court held that the order was passed in gross violation of natural justice and quashed it, restoring the petitioner to the office of Muthawalli. The court also directed that the petitioner shall be heard before any fresh order is passed under Section 65.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Section 65 of the Waqf Act, 1995 - The Wakf Board assumed management of a Dargah and appointed the Tahsildar as Administrator, removing the petitioner-Muthawalli without any prior notice or hearing - Held that the order was passed in gross violation of principles of natural justice and therefore liable to be quashed (Paras 4-5).
Issue of Consideration
Whether the Karnataka State Board of Auqaf could assume management of a waqf institution and appoint an administrator under Section 65 of the Waqf Act, 1995, without affording an opportunity of hearing to the Muthawalli.
Final Decision
The writ petition is allowed. The impugned order dated 15.03.2019 (Annexure-P) is quashed. The petitioner is restored to the office of Muthawalli. The respondents are at liberty to pass a fresh order under Section 65 after affording an opportunity of hearing to the petitioner.
Law Points
- Natural justice
- audi alteram partem
- Section 65 Waqf Act 1995
- assumption of management by Wakf Board
- removal of Muthawalli without hearing
