IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1st DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 48144 OF 2018 (GM-WAKF) BETWEEN MRS. HABEEBA ABDUL AZEEZ AGED 45 YEARS, W/O. MR. ABDUL AZEEZ, R/AT DREAM PALACE, BRITTO COMPOUND, S L MAHAIS ROAD, HIGHLAND, MANGALURU-575 001 ... PETITIONER (By Sri. PUNDIKAI ISHWARA BHAT, ADVOCATE) AND 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPT OF MINORITIES WELFARE, HAJ AND WAKF, VIDHANA SOUDHA, BENGALURU 560001 2. THE KARNATAKA STATE BOARD OF WAKF DARUL AWAKF, NO. 6, CUNNINGHAM ROAD, BENGALURU 560052.
REP BY ITS CHIEF EXECUTIVE OFFICER 3. THE ULLAL JUMMA MASJID AND SYED MADANI DARGHA COMMITTEE, ULLAL, MANGALORE, DK-575 020.
REP. BY ITS PRESIDENT ... RESPONDENTS (By Smt.S R ANURADHA, ADVOCATE FOR R2, Sri.V.SHIVAREDDY, HCGP for R-1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 277 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 AND 2 TO GRANT PERMISSION TO THE R-3 TO SELL THE SCHEDULE PROPERTY IN FAVOUR OF THE PETITTIONER BY CONSIDERING THE REPRESENTATIONS DATED 17.09.2016 AND 28.09.2017 AS PER ANNEXURE-G AND J RESPECTIVELY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP. THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Sri.V.Shivareddy, learned High Court Government Pleader for Respondent No.1.
Smt.S.R.Anuradha, Advocate for Respondent No.2.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks a writ of mandamus directing the Respondent No.2 to grant permission to the 3rd Respondent to sell the schedule property in favour of the petitioner by considering the representations dated 17.09.2016 and 28.09.2017 as per Annexures-G and J, respectively.
4. Accordingly, I deem it appropriate to dispose of the writ petition with a direction that suitable action on the representation submitted by the petitioner, if not already decided shall be taken in accordance with law by the competent authority by a speaking order within three weeks from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petition is disposed of.
Sd/- JUDGE bnv