IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.49173 OF 2016 (GM-WAKF) BETWEEN:
RIFA-HUL-MUSLIMEEN EDUCATIONAL TRUST FAROOQIA ROAD EIDGAH, MYSURU -570 21 REPRESENTED BY ITS PRINCIPAL/SECRETARY, SRI.TAJ MOHAMMED KHAN.
… PETITIONER (BY SRI L M CHIDANANDAYYA, ADVOCATE) AND:
1. KARNATAKA STATE OF BOARD OF WAKF REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, CUNNIGHAM ROAD BENGALURU-560052 2. DISTRICT WAKF ADVISORY COMMITTEE MYSURU CITY MYSURU-570021.
… RESPONDENTS (BY SMT. S. R. ANURADHA, ADV. FOR R1 R2 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS WHCIH ULTIMATELY RESULTS IN PASSING THE ANNEX-A DATED 30.08.2016 PASSED BY R-1; QUASH ANNEX-A DATED 30.08.2016 PASSED BY R- 1; DIRECT RESPONDENT NOT TO INTERFERE WITH THE RIGHT OF THE PETITIONER TO BE IN POSSESSION AND ENJOYMENT OF THE SCHEDULE PROPERTY ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri L.M.Chidanandayya, learned counsel for the petitioner.
Smt. S.R.Anuradha, learned counsel for respondent No.1.
The petition is admitted for hearing. With the consent of the parties, it is heard finally.
2. In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner is assailing the validity of the order dated 30.08.2016, passed by the Karnataka State of Board of Wakf, Bengaluru.
3. When the matter was taken up, learned counsel for respondent No.1 has raised a preliminary objection that the petitioner having an efficacious remedy of filing an application before the Wakf Tribunal under Section 83 (2) of the Wakf Act, 1995, the petitioner could be relegated for availing alternative remedy.
4. In view of the aforesaid submission, learned counsel for the petitioner submitted that he be granted a reasonable time to approach the Wakf Tribunal and till then, the ad-interim order passed by this Court be continued.
5. In view of the submission made and in view of efficacious alternate remedy, I am declined to interfere in the matter. Accordingly, with petition is disposed of, with liberty to the petitioner to approach the Wakf Tribunal by filing an application under Section 83(2) of the Wakf Act, 1995, within a period of three weeks from the date of the receipt of the certified copy of the order passed today.
Till the petitioner files an application within a time limit as is specified above, the ad-interim order granted by a Bench of this Court shall continue.
It is further directed that the petitioner shall not alienate or create any encumbrances in respect of the property, till he approaches the Wakf Tribunal by filing an application.
It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the parties.
Sd/- JUDGE nvj