IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.31211 OF 2018 (GM-WAKF) & WRIT PETITION NOS.5156-5159 OF 2019 BETWEEN:
1. Mohammed Saifulla, S/o. Late Mohammed Yusuf, Aged about 53 years, R/at.No.2831, 5th Cross, Sawday Road, Mandi Mohalla, Mysuru-570 001.
2. Arif Ahmed, S/o. Late Abdul Majeed, Aged about 45 years, R/at.No.2168, Sawday Road, Mandi Mohalla, Mysuru-570 001.
3. Ifthekar Ahmed, S/o.Late Basheer Ahmed, Aged about 42 years, R/at.No.2762, Sultan Park Road, Mandi Mohalla, Mysuru-570 001.
4. Samiulla Shariff, S/o.Late Hafizulla Shariff, Aged about 50 years, R/at.No.2455, MKDK Road, Mandi Mohalla, Mysuru-570 001.
5. Syed Murtuza, S/o Syed Lateef, Aged about 45 years, R/at.No.2717, Sultan Park Road, Mandi Mohalla, Mysuru-570 001.
… Petitioners (By Sri.Madangouda M. Patil, Advocate for Sri.R.Kothwal, Advocate) AND:
1. Karnataka State Board of Auqaf, Cunnigham Road, Bengaluru-560 052.
Represented by its Chief Executive Officer 2. Mohammed Fayaz, S/o Mubarak Ali, Aged about 33 years, Member, Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru-570 021.
R/at.No.2871, Sawday Road, Mandi Mohalla, Mysuru-570 021.
3. Mohammed Khalid, S/o. Abdul Hammed, Aged about 45 years, Member, Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru-570 021.
R/at.No.2521, Sultan Park Road, Mandi Mohalla, Mysuru-570 021.
4. Riyaz Ahmed, S/o. Late Abdul Rehman, Aged about 70 years, Member, Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru-570 021.
R/at.No.2581, MKDK Road, Mandi Mohalla, Mysuru-570 021.
5. Tabrez Alam, S/o. Muneer Jan, Aged about 35 years, Member, Managing Committee, Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru-570 021.
R/at.No.2616, MKDK Road, Mandi Mohalla, Mysuru-570 021.
… Respondents These Writ Petitions are filed under Article 226 of the Constitution of India, praying to direct respondent No.1 to consider the representation given by the petitioners vide Annexure-D and consequently dismiss respondents No.2 to 5 as members from the Managing Committee of Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru and etc.
These Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Madangouda M. Patil, learned counsel for Sri.R.Kothwal, learned counsel for the petitioners.
In these petitions, the petitioners have prayed for the following reliefs:
“i. Pass a writ of mandamus directing respondent No.1 to consider the representation given by the petitioners (Annexure-D) and consequently dismiss respondents 2 to 5 as members from the managing committee of Dargahi Masjid, Sawday Road, Mandi Mohalla, Mysuru and ii. Pass any other order as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.”
2. When the matter was taken up today, learned counsel for the petitioners submitted that the writ petitions may be disposed of with a direction to respondent No.1 to consider and decide the representation submitted by the petitioners contained in Annexure-D by a speaking order.
3. In view of the aforesaid submission and in the facts of the case, the writ petitions are disposed of with a direction to respondent No.1 to consider and decide the representation submitted by the petitioners by a speaking order within a period of one month from the date of receipt of the certified copy of the order passed today, after affording an opportunity of hearing to the petitioners and respondent Nos.2 to 5, in accordance with law.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE dn/-