IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.35761-763/2011 (GM-WAKF) BETWEEN:
1. M. MUNIKRISHNAPPA, S/O LATE MUNINARASAIAH, AGED ABOUT 44 YEARS, RESIDING AT NO.49, III MAIN, KENGERI SATELLITE TOWN BANGALORE – 560 060.
2. M. NARASIMHA MURTHY, S/O LATE MUNINARASAIAH, AGED ABOUT 40 YEARS, RESIDING AT NO.49, III MAIN, KENGERI SATELLITE TOWN BANGALORE - 560 060.
3. SMT. MUNILAKSHMAMMA, W/O LATE MUNIRAJU, AGED ABOUT 52 YEARS, RESIDING AT LINGARAJAPURAM, HESARGHATTA HOBLI, BANGALORE NORTH TALUK.
4. SMT. MUNIAMMA, W/O NANJUNDASWAMY, AGED ABOUT 50 YEARS, RESIDING AT SEEGEHALLI, K. GOLLAHALLI POST, KENGERI HOBLI, BANGALORE SOUTH TALUK.
5. SMT. GOWRAMMA, W/O LATE NARASIAPPA, AGED ABOUT 48 YEARS, RESIDING AT NO.17, 19TH MAIN, HANUMANTHANAGAR, BANGALORE – 560 050.
6. SMT. MUNILAKSHMAMMA, W/O LATE MUNIRAJU, AGED ABOUT 52 YEARS, RESIDING AT LINGARAJAPURAM, HESARGHATTA HOBLI, BANGALORE NORTH TALUK.
7. K.S. MANJUNATH, S/O LATE P. SHIVAIAH, AGED ABOUT 48 YEARS, RESIDING AT NO.54, GRAMA DEVATHE ROAD, KOTE, KENGERI, BANGALORE - 560 060. .. PETITIONERS (BY SRI. RITHISH.D. NAIK, ADVOCATE FOR SRI.P.S. MANJUNATH, ADVOCATE) AND:
1. THE ENQUIRY OFFICER & ADDITIONAL CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKFS, "DARUL AWKAF", NO.6, CUNNINGHAM ROAD, BANGALORE – 560 052.
2. KARANTAKA STATE BOARD OF WAKFS "DARUL AWKAF", NO.6, CUNNINGHAM ROAD, BANGALORE – 560 052.
BY ITS CHIEF EXECUTIVE OFFICER.
3. THE JAMIA MASJID, KENGERI, BANGALORE, REPRESENTED BY ITS PRESIDENT. ... RESPONDENTS (BY SRI. SYED SUHAIL ALI, ADVOCATE FOR R1 & R2; SRI. MOHAMMED TIPPU SULTAN, ADVOCATE FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.30.5.11 PASSED BY R1 VIDE ANNEX-G AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Rithish.D. Naik, Advocate for Sri.P.S. Manjunath, Advocate.
Sri.Syed Suhail Ali, learned counsel for respondent Nos.1 and 2.
Sri. Mohammed Tippu Sultan, learned counsel for respondent No.3.
With the consent of learned counsel for the parties, the same is heard finally. Records perused.
2. In these petitions preferred under Article 226 of the Constitution of India, the petitioners have assailed the validity of the order dated 30.05.2011 passed by the Additional Chief Executive Officer under Section 54 of the Karnataka Wakfs Act, 1995 (hereinafter referred to as ‘the Act’ for short).
3. When the matter was taken up today, learned counsel for the respondent Nos.1 and 2 submitted that the petitioners have an alternative and efficacious remedy of filing a Revision Application before the Wakfs Tribunal under Section 83(2) of the Act. In view of the aforesaid submission and taking into account the fact that the petitioners have an alternative and efficacious remedy of approaching Wakfs Tribunal under Section 83 (2) of the Act, I am not inclined to entertain this writ petition. Accordingly, the same is disposed off with liberty to the petitioners if so advised to approach the Wakfs Tribunal by filing Revision Application under Section 83(2) of the Act. Needless to state that in case, if the petitioners file an application before the Wakfs Tribunal within a period of three weeks from today, the Wakfs Tribunal shall entertain the Revision Application which may be filed by the petitioners on merits. Ad interim order, if any, granted by this Court, shall continue for a period of three weeks from today.
Accordingly, with the aforesaid liberty, these petitions are disposed off.
Sd/- JUDGE cbc