IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.56285-286 OF 2013 C/W WRIT PETITION NO.27371 OF 2013 (GM-WAKF) WRIT PETITION NOs.56285-286 OF 2013 BETWEEN:
1. SHRI M.S. KRISHNAPPA S/O. MUNIYAPPA, AGED ABOUT 75 YEARS NO.1, 1ST CROSS, CHODESHWARINAGAR, NEAR MUNIVENKATA REDDY HOUSE, TEKKAL ROAD, KOLAR – 563101.
2. SHRI C S KRISHNAPPA S/O LATE SONNEPPA, MAJOR, PETECHAMANAHALLI, KASABA HOBLI, KOLAR TALUK, KOLAR – 563101.
(BY MR. B V ANANDA, ADV.) AND:
1. THE SUB DIVISIONAL MAGISTRATE AND THE ASSISTANT COMMISSIONER, KOLAR SUB DIVISION, KOLAR – 563101.
… PETITIONERS 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR- 563101.
3. KARNATAKA STATE BOARD OF WAKFS, "DARUL AWKAF" NO.6, CUNNINGHAM ROAD, VASANTNAGAR (POST), BANGALORE 560052, REPTD BY ITS CHIEF EXECUTIVE OFFICER.
… RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 & 2 SMT. KIMAYA KULKARNI FOR SMT. ANURADHA S R, ADV. FOR R-3) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE R1, I.E., THE SUB DIVISIONAL MAGISTRATE, KOLAR SUB DIVISION, KOLAR DT.27.4.12, VIDE ANN-L.
WRIT PETITION NO.27371 OF 2013 BETWEEN:
SMT. PRABHA W/O PRAKASH (DAIRY PRAKASH) AGED ABOUT 40 YEARS TEKAL ROAD, SAPALAMMA TEMPLE, PETECHAMANAHALLI KOLAR – 563101.
(BY MR. B V ANANDA, ADV.) AND:
1. THE SUB DIVISIONAL MAGISTRATE AND THE ASSISTANT COMMISSIONER, KOLAR SUB DIVISION, KOLAR – 563101.
… PETITIONER 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR- 563101.
3. KARNATAKA STATE BOARD OF WAKFS, "DARUL AWKAF" NO.6, CUNNINGHAM ROAD, VASANTNAGAR (POST), BANGALORE 560052, REPTD BY ITS CHIEF EXECUTIVE OFFICER.
… RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 & 2 SMT. KIMAYA KULKARNI FOR SMT. S R ANURADHA, ADV. FOR R-3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY R1 IE., THE SUB DIVISIONAL MAGISTRATE, KOLAR SUB DIVISION, KOLAR DATED 27.4.12 IN FORM NO.74 VIDE ANNX-G THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Smt.Niloufer Akbar, learned Additional Government Advocate for respondent Nos.1 and 2.
Smt.Kimaya Kulkarni for Smt.Anuradha S.R., learned counsel for respondent No.3.
3. In this petition, the petitioner has prayed for the following reliefs:
a) Issue a writ in the nature of certiorari quashing the Order passed by respondent No.1, i.e., The Sub divisional Magistrate, Kolar Sub Division, Kolar, dtd: 27.04.2012, bearing No.NCR.CR/1/2012-13, in Form No.74, vide Annexure-L.
b) Issue a writ, in the nature of certiorari, quashing the Order dtd:07.09.2011, passed in Case No.ENQ/79/KLR/2007 by the respondent No.3, vide Annexure-H.
4. When the matter was taken up today, learned counsel for respondent No.3 submitted that an order under Section 54(3) of the Wakf Act, 1996 (hereinafter referred to as ‘the Act’ for short) was passed against the petitioner on 23.05.2011 and 27.04.2012. However, the aforesaid order has not been challenged by the petitioner and the petitioner has assailed the validity of the order dated 27.04.2012 passed in a proceeding under Section 55 of the Act. It is also pointed out that the petitioner has an alternate remedy of filing a revision under Section 83 of the Act against the order dated 23.05.2011.
5. In view of the aforesaid submissions, the writ petition is disposed of with a liberty to the petitioner to assail the validity of the orders dated 23.05.2011 and 27.04.2012, if so advised.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS