ORDER
1. Petitioner herein, Member of respondent No.4 has filed this writ petition seeking direction to respondent No. 1 to toke appropriate decision pursuant to the report at Annexure-"J" as contemplated under Sections 26, 27 and 28 of the Karnataka Societies Registration Act and also for quashing of Annexure - "J". The aforesaid writ petition is filed by petitioner as Member of respondent No.4, which according to him is registered under the Karnataka Societies Registration Act, 1961, vide registration certificate No.56/73-74 South Canara.
2. In the said proceedings, respondent No.4 has filed objection talking up a contention that respondent No.4 is a Wakf and as such registered under the Wakf Act and the management, functioning, conducting of its business, its accounting are governed by Wakf Act, 1995 and it is also the case of respondent No.4 that in a meeting, held in the year 2005, they have taken a decision that respondent No.4 cannot simultaneously maintain registration under two different acts, i.e., (Karnataka Societies Registration Act and as well as Wakf Act and as such they have taken a decision to give up registration under the Karnataka Societies Registration Act in their meeting and communicated to respondent No. 1. Therefore, they are not governed by the provisions of Karnataka Societies Registration Act and the aforesaid writ petition is not maintainable.
3. In the mean while, learned Government Pleader appearing for respondent Nos. 1 to 3 would submit that earlier there were two round of litigation between the same parties in W.P.No.35797/2002, which came to be disposed of by an order dated 23.09.2002 and in some other matter under similar circumstances, filed hi W.P.No. 15753/1986 which was challenged in W.A.No.357/1987, this Court has made the following observation:
Therefore, the question of taking over the management cannot arise even if it is conceived in public interest. To that Fundamental Right guaranteed under Article 30 in so far as if is common case before us that the first respondent is a minority institution. The writ appeal fails and is dismissed."
With these observations, the said proceeding was disposed of. The submission of the Government Pleader that the finding of the Division Bench of this Court is pending consideration in the Apex Court. As such, an endorsement is also issued by respondent No.1 to the petitioner in this behalf. Under the aforesaid facts and circumstances of the case, the present legal position holding that the Court when it comes to appointing an administrator to a minority institution, the State Government cannot appoint the administrator under Section 27(a) in super-session of their rights to manage their affairs as contemplated under the Wakf Act. In the light of the finding of this Court in the aforesaid W.A.No.357/1987, the present writ petition does not survive for consideration.
4. However, as and when Special Leave Petition, which is pending before the Apex Court for deciding the rights of the parties, which are under the Karnataka Societies Registration Act or under the Wakf Act, is decided, it is open for the petitioner to take appropriate steps in this behalf.
5. With these observations, writ petition is disposed of.