IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA W.P.No.34756/2014 (GM-WAKF) BETWEEN:
ANWAR SHARIEFF AGED ABOUT 54 YEARS, S/O JAMALUDDIN, LATE, PRESENT TRUSTEES OF JUMMA MASJID TRUST BOARD, AT NO.11, JUMMA MASJID ROAD, BENGALURU-560 001.
... PETITIONER (BY SRI MOHAMOOD PATEL, ADVOCATE FOR PETITIONER NO.1) AND:
1. THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF MINORITY WELFARE, HAJ & WAQF DEPARTMENT, NO.204, 2ND FLOOR, VIKAS SOUDHA, BENGALURU-560 001.
2. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPT. OF MINORITY WELFARE, HAJ & WAQFS, NO.204, 2ND FLOOR, VIKAS SOUDHA, BENGALURU-560 001.
3. KARNATAKA STATE WAQF BOARD NO.6, CUNNINGHAM ROAD, BENGALURU-560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
4. MR.MUSHTAQ AHMED AGED MAJOR, 5. MR.TAHIR WAHID AGED MAJOR, 6. MR.ABDUL REHMAN SAIT AGED MAJOR, Sl. Nos.3 to 5, FORMER TRUSTEES OF JUMMA MASJID TRUST BOARD, NO.11, JUMMA MASJID ROAD, BENGALURU-560 001.
7. MOHAMMED IBRAHIM EX-CHAIRMAN, MINORITY WELFARE DEPARTMENT, S/O LATE GHOUSE MOHIYUDDIN, AGED ABOUT 62 YEARS, NO.E, FERN VILLA APARTMENT, NO.12, INFANTRY ROAD CROSS, INFANTRY ROAD, BENGLAURU-560 051.
8. SHAFIULLA S/O MR.ABDUL SUBHAN SAHEB, AGED ABOUT 49 YEARS, NO.12, 1ST FLOOR, RAYAPPA ROAD, FRAZER TOWN, BENGALURU-560 005.
9. EIJAZ AHMED S/O MAHABOOB JAN SAHEB, AGED ABOUT 36 YEARS, NO.91, COMMERCIAL STREET, BENGALURU-560 051.
10. SHANAWAZ AHMED S/O LATE NAZEER AHMED, AGED ABOUT 40 YEARS, RESIDING AT NO.43, SHESHADRI ROAD, MARAPPA GARDEN, BENGALURU-560 046.
11. M.ASLAM SHARIEFF S/O LATE MOHAMMED IBRAHIM SAHEB, AGED ABOUT 55 YEARS, R/AT NO.2/3, PLAIN STREET, INFANTRY ROAD CROSS, BENGALURU-560 051.
12. SYED SAIFULLA SHARIEFF S/O M.M.SHARIEFF, AGED ABOUT 32 YEARS, FLAT NO.102, NO.150, ELEGANT DELIGHT APARTMENT, NARAYANPILLAI STREET, BENGALURU-560 051.
13. MOHAMMED MUSTAFA SHARIEFF, S/O MOHAMMED IBRAHIM SAHEB, AGED ABOUT 59 YEARS, R/AT NO.2/3, PLAIN STREET, INFANTRY ROAD, CROSS BENGALURU-560 051.
14. SIRAJ AHMED M/S. LORDS FOOTWEAR, NO.185 & 186, VEERAPILLAI STREET, SHIVAJINAGAR, BENGALURU-560 051.
15. THE GOVERNMENT OF INDIA MINISTRY OF MINORITY AFFAIRS, 11TH FLOOR, PRYAVARAN BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI 110 003, REP. BY ITS SECRETARY TO GOVERNMENT.
... RESPONDENTS (BY SRI VASANTH V. FERNADES, HCGP FOR R1 AND R2; SMT. S.R. ANURADHA, ADVOCATE FOR R3;
SRI ABDUL KHADER, ADVOCATE FOR R4;
SRI MOHAMMED TIPPU SULTAN, ADVOCATE FOR R6; SRI NAVEED AHMED, ADVOCATE FOR R14;
SRI ROHIT B.J, ADVOCATE FOR R15;
R5, R8, R10, R11, R12, R13 ARE SERVED BUT UNREPRESENTED V/O DATED 09.03.2015 NOTICE TO R7 AND R9 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO STRIKE DOWN SEC. 66 OF THE WAKF ACT 1995 AS BEING UNCONSITUTIONAL; QUASH THE ORDERS DT: 07.06.2014 & 07.06.2014 PASSED BY THE R1 IN REV. PET. NO.MWD/29/WLM/2011 PRONOUNCED ON 28.06.2014 VIDE ANN-A & Q AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioners has filed a memo along with copy of death certificate of the first petitioner, wherein, the first petitioner is reported to have died on 07.09.2018.
In view of the above, petition as against first petitioner in W.P.No.34756/2014 is dismissed as abated.
Sd/- JUDGE KPS