IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.54407/2017(GM-WAKF) MANDLI MOSQUE SUNNI OLD MANDLI, SHIVAMOGA, REPRESENTED BY ITS PRESIDENT, SRI. MOHAMMEED PEER, S/O. JAFFAR MOHIUDDIN, AGED ABOUT 47 YEARS, OLD MANDALI, SHIVAMOGGA 577 202.
(BY SRI V. B. SIDDARAMAIAH, ADVOCATE) AND:
1. THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKF, CUNNINGHAM ROAD, BANGALORE 560052.
2. THE WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, SHIVAMOGA DISTRICT, MUSLIM HOSTEL COMPLEX, SIR. M. V. ROAD, SHIVAMOGGA 577 202.
... PETITIONER ... RESPONDENTS (BY SRI SYED IMRAN, ADVOCATE FOR R1 & R2) … THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-2 TO CONSIDER THE APPLICATION OF THE PETITIONER DATED 1.4.2013 IN ACCORDANCE WITH LAW VIDE ANNEXURE-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri Syed Imran, learned Counsel for respondent Nos.1 and 2 files a memo stating that the Chief Executive Officer of the Karnataka State Board of Auqaf by the order dated 6.2.2018 exercising powers under the provisions under Section 32(2)(d) of the Waqf Act, 1995 as amended 2013 read with Rule 48 of the Karnataka Waqf Rules, 2017, the Karnataka State Board of Auqaf, hereby accords approval to Form-42 as a part of the adopted Scheme of Administration for the management of Mandli Mosque Sunni, and its allied properties Shivamogga Town and District. He further submits that in pursuance of this notification, new Committee has been already constituted by the Order dated 17.2.2018 constituting 11 Members as Management of Mandli Mosque Sunni and its alleged properties, Shivamogga Town and District for a period of three years or until further orders whichever is earlier and therefore, the prayers sought in this writ petition do not survive for consideration.
2. The memo along with orders dated 6.2.2018 and 17.2.2018 produced are taken on record.
3. In view of the above said memo, the prayers sought in the present writ petition do not survive for consideration as stated by the learned Counsel for respondent Nos.1 and 2.
4. Accordingly, writ petition is disposed of as having become infructuous.
Sd/- Judge Nsu/-