IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.53574 OF 2017 (GM-WAKF) Between:
1. M/S.K.N.S.Hajee Sheikh, Abdul Khader Labbai Sahib Co. (Pvt), Represented by its Senior Branch Manager, No.320, Present No. W-84, Old Tharagupet, Bengaluru-560 053.
2. The Director, M/S K.N.S. Hajee Sheikh, Abdul Khader Labbai Sahib Co.(Pvt), Represented by its Senior Branch Manager, No.320, Present No.W-84, Old Tharagupet, Bengaluru-560 053. ... Petitioners (By Sri Nishanth.A.V, Advocate) And:
1. The Chief Executive Officer, Karnataka State Board of Wakfs, No.6, Cunningham Road, Bengaluru-560 052.
2. The Managing Committee, Masjid-E-Jamath-E-Lababeen, No.470, Avenue Road, Bengaluru-560 002. Represented by its, President/Muthavalli, Mr.V.R.Mohammed Akbar, Aged about 61 years, S/o V.R.Abdul Subhan (late). ... Respondents (By Sri Mahmood Patel, Advocate for R2;
Sri Mohamed Tippu Sultan, Advocate for R1) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to restrain the Karnataka Wakf Tribunal, Bangalore Division, Bengaluru from proceeding with the Application No.36/2017 and quash the order dated:19.10.2017 passed on I.A.No.1 in Application No.31/2016 pending on the file of the Karnataka Wakf Tribunal, Bangalore Division, Bengaluru vide Annexure-S.
This Writ Petition coming on for Orders, this day, the Court made the following:
O R D E R Mr. A.V.Nishanth, learned Counsel for the petitioner.
Mr. Mohammed Tippu Sultan, learned Counsel for the respondent No.1 and Sri Mahmood Patel, learned counsel for respondent No.2.
2. Learned counsel for the petitioner seeks leave of this Court to withdraw the petition with liberty to challenge the impugned order dated 19.10.2017 in a revision petition under Section 83(9) of the Wakf Act, 1995.
3. Needless to state that in case the petitioner files a revision petition under Section 83(9) of the Wakf Act within a period of two weeks from the date of receipt of certified copy of the order passed today, the petitioner shall be entitled to the benefit of the principles contained under Section 14 of the Limitation Act, 1963.
The petition is disposed of accordingly.
Sd/- JUDGE akc/-