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 No. 9886/2019 (GM-WAKF) BETWEEN:
SRI BUDANSHA MAKANDAR, S/O SRI ROSHAN SHA MAKANDAR, AGE 67 YEARS, OCC:AGRICULTURE, ADD:ROSHAN GALLI, TALIKOTI, BIJAPUR-586 214.
... PETITIONER (BY SRI VENKATESH P. DALWAI, ADVOCATE) AND:
1. KARNATAKA STATE OF BOARD OF WAKFS, THROUGH ITS CHIEF EXECUTIVE OFFICER, NO.6, CUNNINGHAM ROAD, BANGALORE-06 2. THE ASSISTANT SECRETARY (ADMN), KARNATAKA STATE OF BOARD OF WAKFS, DARUL AWAKF, NO.6, CUNNINGHAM ROAD, BANGALORE-06.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENTIRE PROCEEDINGS BEFORE THE R-2 PRODUCED AT ANNEXURE-C; DIRECT THE R-2 TO CONSIDER THE APPLICATION DATED 6.12.2018 PRODUCED AT ANNEXURE-E AT THE EARLIEST.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Venkatesh P. Dalwai, the learned counsel for petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. The petition is admitted for hearing. With consent of the parties, same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following relief:
b) Issue a writ in the nature of mandamus directing the respondent No.2 to consider the application dated 6-12-2018 produced at Annexure-E at the earliest in the interest of justice.
4. When the matter was taken up today, the learned counsel for the petitioner submitted that the petitioner has raised objection by filing an application dated 6.12.2018 with regard to the maintainability of the proceedings, which is pending before the respondent No.2 and the respondent No.2 be directed to decide the aforesaid application in accordance with law.
5. In view of the aforesaid submission and the facts of the case, petition is disposed of with a direction to the respondent No.2 to consider the decide the objection raised by the petitioner with regard to the maintainability in accordance with law, by a speaking order after affording opportunity of hearing to the parties within a period of two months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits of the case.
6. Accordingly, the petition is disposed of.
Sd/- JUDGE MD