IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.55729 OF 2014 C/W WRIT PETITION NO.56237 OF 2014 (GM-WAKF) WRIT PETITION NO.55729 OF 2014 BETWEEN:
HAZRATH KHWAJA ASSAHBUN-NABI DARGAH COMMITTEE, GRIGANDI VILLAGE SANGAMESHWARAPET POST 577 136 CHICKMAGALUR DISTRICT REPRESENTED BY ITS PRESIDENT SRI S Y MUKTHI @ S Y SYED MUKHTIYAR AHMED RAZWI W/O LATE S.M. YUSUF AHAMED AGED ABOUT 56 YEARS.
(BY MR. KALEEMULLAH SHARIFF, ADV.) AND:
1. KARNATAKA STATE BOARD OF WAKFS DARUL AWKAF NO.6, CUNNINGHAM ROAD BANGALORE 560052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
2. DISTRICT WAKF ADVISORY COMMITTEE CHICKMAGALUR DISTRICT CHICKMAGALUR 577 101 REP. BY WAKF OFFICER.
… PETITIONER … RESPONDENTS (BY SMT. S.R. ANURADHA, ADV., FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS. DIRECT THE R-1 & R-2 TO CONSIDER AND DISPOSE OF THE REPRESENTATION UNDER WHICH SCHEME/BYELAWS SUBMITTED BY THE PETITIONER ON 18.6.2014 AS PER ANNEX-E TO THE R-1 EXPEDITIOUSLY AND IN ACCORDANCE WITH LAW BY ISSUING A WRIT OF MANDAMUS & ETC.
WRIT PETITION NO.56237 OF 2014 BETWEEN:
HAZRATH KHWAJA ASSAHBUN-NABI DARGAH COMMITTEE GRIGANDI VILLAGE SANGAMESHWARAPET POST 577 136 CHICKMAGALUR DISTRICT REPRESENTED BY ITS PRESIDENT SRI S Y MUKTHI @ S Y SYED MUKHTHIYAR AHMED RAZWI S/O LATE S M YUSUF AHAMED AGED ABOUT 56 YEARS.
(BY MR. KALEEMULAH SHARIFF, ADV.) AND:
1. KARNATAKA STATE BOARD OF WAKFS DARUL AWKAF NO.6, CUNNINGHM ROAD BANGALORE 560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
2. DISTRICT WAKF ADVISORY COMMITTEE CHICKMAGLUR DISTRICT CHICKMAGALUR 577 101.
3. N. PUTTU MONU S/O LATE USMON AGED ABOUT 50 YEARS KADABAGERE SANGAMESHWARAPET POST-577136 … PETITIONER CHICKMAGALURU TALUK & DIST.
4. AJMAL KHAN S/O LATE HUSSAIN KHAN KADABAGERE SANGAMESHWARAPET POST-577136 CHICKMAGALURU TALUK & DIST.
5. M. ISMAIL S/O MOHAMMED BUDEN AGED ABOUT 44 YEARS R/O GORIGUNDI SANGAMESHWARAPET VILLAGE AND POST-577136 CHICKMAGALUR TALUK.
6. ABDUL HUSSAIN S/O RAFEEQ AHMED AGED 34 YEARS R/O JENUGADDE, JENUGADDE POST CHICKMAGALUR TALUK-577101.
7. UMAR S/O N M ISMAIL R/O KADABAGERE SANGAMESHWARAPET VILLAGE AND POST-577136 CHICKMAGALUR TALUK.
8. K N MUMTAZ FAYAZ S/O K M NOORULLA BASHA AGED 48 YEARS GORIGONDI VILLAGE SANGAMESHWARAPET POST CHICKMAGALUR TALUK-577136.
9. ABDUL RAHEEM S/O BANGADI ISMAIL AGED ABOUT 34 YEARS R/O KADABAGERE SANGAMESHWARAPET POST CHICKMAGALUR TALUK-577136.
10. FAIROZ S/O NAZEER AHMED R/O JENUGADDE JENUGADDE POST CHICKMAGALUR TALUK-577101.
… RESPONDENTS (BY SMT. S.R. ANURADHA, ADV., FOR R1 & R2 MR. M.P. SRIKANTH, ADV., FOR R3 TO R10) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS. QUASH THE ORDER DATED 15.9.2014 VIDE ANN- M PASSED BY THE R-1. GRANT AN INTERIM ORDER TO STAY ALL PROCEEDINGS PURSUANT TO THE ORDER DATED 15.9.2014 PASSED BY THE R-1 VIDE ANN-M & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Kaleemullah Shariff, learned counsel for the petitioner.
Mr.S.R.Anuradha, learned counsel for respondent Nos.1 and 2.
2. The writ petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same are heard finally.
3 In these petitions, the petitioner inter alia seeks a direction to the respondent Nos.1 and 2 to consider the representation dated 18.06.2014 contained in Annexure-E submitted by the petitioner.
4. When the matters were taken up today, learned counsel for the petitioner submitted that the representation submitted by them shall be considered. On the other hand, learned counsel for the respondent Nos.1 and 2 submitted that the same shall be dealt with in accordance with law if not already decided.
5. In view of the submissions made and in the facts of the case, I deem it appropriate to dispose of the writ petitions with a direction to the competent authority to decide the representation submitted by the petitioner, if not already decided in accordance with law by a speaking order within four months 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 petitions are disposed of.
Sd/- JUDGE SS