IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.52473 OF 2016 (GM-WAKF) BETWEEN:
SRI KALEEM PASHA AGED ABOUT 35 YEARS, S/O GHULAM HUSAIN, ALIAS MOHAMMED AFZAL PASHA, R/AT NO. 27, MUNISWAMAPPA ROAD, J.C.NAGAR, (MUNIREDDY PALYA) BENGALURU - 560 006. … PETITIONER (By Mr. FATHIMA ZOHRA, ADV. FOR Mr. MOHAMOOD PATEL, ADV.) AND:
1. THE KARNATAKA STATE BOARD OF AUQAF NO.6, CUNNINGHAM ROAD, BENGALURU - 560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
2. THE SCREENING COMMITTEE (CONSTITUTED BY THE WAQF BOARD) KARNATAKA STATE BOARD OF AUQAF, NO.6, CUNNINGHAM ROAD, BENGALURU - 560 052, REPRESENTED BY ITS CHAIRMAN.
3. THE MANAGING COMMITTEE JAMIA MASJID (SUNNI) AND ALHAJ RASOOL SHADI MAHAL, J.C.NAGAR, BENGALURU - 560 006 REPRESENTED BY ITS SECRETARY.
… RESPONDENTS (By MS. SWATHI ASHOK, ADV. FOR SMT. S R ANURADHA, ADV. FOR R1 & R2) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN APPLICATION NO.15/2016 DTD.11.5.2016 AT ANNEX-A BY THE KARNATAKA WAQF TRIBUNAL, BENGALURU DIVISION, AT BANGALORE AND ALLOW THE PRAYERS MADE IN APPLICATION NO.15/2016 AT ANNEX-L AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Ms.Fathima Zohra for Mr.Mahamood Patel, learned counsel for the petitioner.
Ms.Swathi Ashok for Smt.S.R.Anuradha learned counsel for respondent Nos.1 and 2.
Mr.Naveed Ahmed learned counsel for respondent No.3.
2. When the matter was taken up today, learned counsel for the petitioner submitted that the term of the committee submitted by the investigating office shall expire on 10.03.2018.
3. In view of the aforesaid submission, I am not inclined to adjudicate the validity of the impugned order.
Accordingly, the petition is disposed of with liberty to the petitioner to take recourse to such remedy as available under law in case the grievance of the petitioner subsists.
Sd/- JUDGE ss