IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.52133/2016 (KLR-LG) BETWEEN:
THE MANAGING COMMITTEE, JAMIYA MASJID,MOLKALMURU, CHITRADURGA DISTRICT – 577535. REPRESENTED BY ITS PRESIDENT, SRI SYED NABI, S/O SYED NADE ALI, AGED ABOUT 63 YEARS, R/AT MUBARAK MOHALLA, MOLKALMURU – 577535.
CHITRADURGA DISTRICT.
(BY SRI SHARATH, ADVOCATE FOR ... PETITIONER SRI RAHAMATHULLA KOTHWAL, ADVOCATE) AND:
1. KARNATAKA STATE BOARD OF WAKFS, CUNNINGHAM ROAD, BENGALURU – 560052. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
2. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA -577501.
3. THE TAHSILDAR, MOLKALMURU, CHITRADURGA DISTRICT-577535.
4. HAZARATH SYED HAYATH BASHA KHADARI DARGA, MOLKALMURU, CHITRADURGA DISTRICT-577535. REPRESENTED BY THE PRESIDENT.
... RESPONDENTS (BY SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI M. H. HANEEF, ADVOCATE FOR R1;
SMT. PRAMODHINI KISHAN, AGA FOR R2- R3; SRI NAVEED AHMED, ADVOCATE FOR R4) …… THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.05.2016 GRANTING LAND TO THE EXTENT OF 5.08 GUNTAS OF LAND IN SY.NO.2 OF MOLKALMURU TOWN, CHITRADURGA DISTRICT IN FAVOUR OF HAZARATH SYED HAYATH BASHA KHADARI DURGA AND ALSO QUASH THE ORDER DATED 05.10.2006 GRANTING AN EXTENT OF 4 GUNTAS OF LAND IN SAME SY.NO.2 IN FAVOUR OF HAZARATH SYED HAYATH BASHA KHADARI DURGA, R-4 HEREIN PASSED BY THE R-2 AT ANNEXURE-B AND A RESPECTIVELY;
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner fairly submits that, against the impugned order passed by the Deputy Commissioner, an appeal lies before the Karnataka Appellate Tribunal under Section 49(C) of the Karnataka Land Revenue Act, and accordingly, files a memo seeking to withdraw the writ petition.
2. The memo is placed on record.
3. The writ petition is dismissed as withdrawn with liberty to the petitioner to file an appeal as contemplated under Section 49(C) of the Karnataka Land Revenue Act, within a period of four weeks from today. Till such time, interim order granted by this Court shall enure to the benefit of the petitioner.
Sd/-
JUDGE kcm