IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 9TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.5679 OF 2017 (GM-WAKF) BETWEEN:
THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF WAKFS, “DARUL AWKAF”, NO.6, CUNNINGHAM ROAD, BENGALURU-560 052.
(BY SMT. S.R. ANURADHA, ADVOCATE) ... APPELLANT AND:
1. SRI H.M. AMJAD HUSSAIN SON OF LATE MR. H. MANZOOR-UL-HUSSAIN, AGED ABOUT 55 YEARS, ESTATE OFFICER, DARGAH HAZRAT ATAULLA SHAH AND NAVI SHAH BADA MAKAN, (WAKFS) H. SIDDAIAH ROAD, BENGALURU-560 027.
2. THE ADMINISTRATOR DARGAH HAZARAT ATAULI SHAH & NABI, SHAH (WAKF) (MADA MAKAN), H. SIDDAIAH ROAD, BENGALURU-560 027.
3. KARNATAKA STATE BOARD OF WAKFS NO.06, CUNNINGHAM ROAD, BENGALURU-560 052, REPRESENTED BY ITS CHAIRMAN.
... RESPONDENTS (BY SRI BASAVARAJ V. SABARAD, ADVOCATE FOR R-1; SMT. B.N. ASHWINI, ADVOCATE FOR R-3;
R-2 IS SERVED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 11.03.2016 PASSED IN THE WRIT PETITION NO.4273 OF 2015 (GM-WAKF).
***** THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 11.03.2016, passed by the learned Single Judge in Writ Petition No.4273 of 2013, in directing the first and second respondents to consider the case of the writ petitioner, etc., the second respondent therein has filed this appeal. The learned Single Judge issued a direction to the first and second respondents to consider the case of the petitioner in the light of all factual aspects, etc.
2. The learned counsel for the appellant submits that the direction has been complied with. However, she contends that the direction cannot be said to be mandatory to favorably consider the case of the writ petitioner. That the direction was only to reconsider the case of the petitioner.
3. In view of the submission that the order of the learned Single Judge has been complied with and the case of the writ petitioner has been reconsidered, nothing further survives for consideration. The writ petition is accordingly disposed off.
Sd/- Sd/-
JUDGE JUDGE JJ