IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 14TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT APPEAL No.3532 of 2018 (GM-WAKF) BETWEEN:
MR ABDUL RAHMAN KHAN USMANI SON OF MOHAMMED HANEEF KHAN ABOUT 53 YEARS, ADVOCATE RESIDING AT NO.279, VEERATNAGAR BOMMANAHALLI BENGALURU-560 068.
…..APPELLANT (BY SRI. SANGAMESH R B, ADVOCATE) AND:
1. THE STATE OF KARNATAKA THE DEPARTMENT OF MINORITY WELFARE HAJ AND WAKFS VIKASA SOUDHA BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. KARNATAKA STATE BOARD OF AUQUF CUNNINGHAM ROAD VASANTH NAGAR BENGALURU-560 051 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 3. THE REGIONAL COMMISSIONER BENGALURU DIVISION BENGALURU AND ELECTORAL REGISTRATION OFFICER ELECTION TO THE KARNATAKA STATE BOARD OF AUQUF 2ND FLOOR, BMTC BUILDING K H ROAD, SHANTHINAGAR BENGALURU-560 027.
4. THE KARNATAKA STATE BAR COUNCIL OLD KGID BUILDING BENGALURU-560 001 REPRESENTED BY ITS SECRETARY.
5. MR ASIF ALI SHAIKH HUSSAIN SON OF LATE SHAIKH HUSSAIN AGED ABOUT 63 YEARS RESIDING AT AMEENPUR STREET GADAG ROAD KOPPAL-583 231.
6. MR R ABDUL RIYAZ KHAN SON OF RAWOOF KHAN NO.20/22, 2ND FLOOR BYATTAPPA BUILDING CUBBONPET MAIN ROAD BENGALURU-560 002.
… RESPONDENTS (BY SRI. T.L. KIRAN KUMAR, AGA FOR R1 AND 3 SRI. A. MAHAMAD TAHIR, ADVOCATE FOR CAVIATOR/R5) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 12/12/2018 PASSED IN WRIT PETITION 48995/2018 BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND DISMISS THE ABOVE WP 48995/2018.
THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order passed by the learned Single Judge dated 12.12.2018, allowing the writ petition and remanding the matter to respondent No.3 therein for considering the matter afresh based on the observations made therein and various other directions, respondent No.5 therein has filed this appeal.
2. Learned counsel for the appellant contends that the order of the learned Single Judge is erroneous and interference is called for. That the writ petitioner was not entitled for being considered to include his name in the Electoral Roll of the Karnataka State Board of Auqaf.
3. On the other hand, learned counsel for the respondents contend that after the order was passed by the learned Single Judge on 12.12.2018, the matter has been considered. The name of the writ petitioner was included in the list of members and elections has also been held. Consequently, respondent No.5 herein, the writ petitioner, has been elected as the member of the Karnataka State board of Auqaf on 07.03.2019 and hence he pleads that nothing survives for consideration.
4. On hearing the learned counsels, we are of the considered view that the interest of the appellant would be only academic. Even assuming that there is a ground to entertain the writ appeal, the present position is that the order of the learned Single Judge has since been implemented, the election has been held and the result has also been declared as far back as in March 2019. Various proceedings have gone on. Therefore, we are of the view that it is only an academic interest that remains in the instant appeal. In view of the subsequent events, we do not find it appropriate to entertain this appeal. Hence the appeal is disposed off.
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JUDGE JUDGE RD