IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.15348 OF 2013 (GM-WAKF) BETWEEN:
Bara Imam Makan Situated at Hiremalali Village, Channagiri Taluk, Davanagere District, Represented by its President, Sri Dada Peer Sab. ... Petitioner (By Sri. Mohammed Owains Sultan, Advocate for Sri. Mohammed Tippu Sultan, Advocate) AND:
1. Sri. Yelleshappa, S/o Sri. Hanumanthappa, Aged about 62 years, 2. Sri. Madaiah, W/o Sri. Basaiah, Aged about 62 years, 3. Sri. D. S. Omkarappa, S/o Sri. Sanna Rangappa, Aged about 38 years, 4. Sri. Ravi, S/o Sri. Jayappa, Aged about 47 years, 5. Sri. Chandrappa, S/o Sri Sanna Rangappa, Aged about 38 years, All are Agriculturists and residents of Hiremalali Village, Channagiri Tq.
Davanagere District. ...Respondents (By Sri. R. Gopal, Advocate for R2-R5 R1 is served but unrepresented) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash/set aside the judgment and decree dated 18.3.2013 & 25.3.2013 respectively passed by the Karnataka Wakf Tribunal, Bangalore in O.S.No.10/2010 vide Annexure-D.
This Writ Petition coming on for Orders this day, the Court made the following:
ORDER This writ petition is directed against the order dated 25.03.2013 passed by the Karnataka Wakf Tribunal, Bengaluru.
2. Learned counsel for the petitioner submitted that this Court while disposing of W.A.Nos.50239- 241/2013 (GM-WAKF) on 26/08/2013 has held that against the order of the Karnataka Wakf Tribunal, the revision lies. Therefore, he requests that the petitioner may be permitted to file a revision petition.
3. Liberty is reserved to the petitioner to take such course of remedy as is available under sub-section (9) of Section 83 of the Wakf Act, 1995 and if the revision petition is filed within one month from today, the same shall be entertained without going into the question of limitation.
Consequently, the writ petition is rejected as not maintainable.
SMJ Sd/- JUDGE