IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.50766 OF 2016 C/W WRIT PETITION NO.1767 OF 2018 (GM-WAKF) WRIT PETITION NO.50766 OF 2016 BETWEEN:
SRI NAZEER AHMED AGED ABOUT 69 YEARS, S/O LATE MOHAMMED KHASIM, RESIDING AT KHALIFA MOHALLA, SOMESHWARPALYA, MULBAGAL 563131, KOLAR DISTRICT.
… PETITIONER (By Mr. M V CHANDRASHEKARA, ADV. FOR (ABSENT)) AND:
1. THE KARNATAKA STATE BOARD OF WAKFS, NO.6, CUNNINGHAM ROAD, BANGALORE 560052, REP BY ITS CHIEF EXECUTIVE OFFICER.
2. THE CHAIRMAN DISTRICT WAQF ADVISORY COMMITTEE NEAR CLOCK TOWER, KOLAR TOWN & DISTRICT.
… RESPONDENTS (By Mr. SYED IMRAN ADV., FOR R1 & R2) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD:24.5.2016 PASSED BY THE R-1 AT ANNEXURE-A DIRECT THE R-1 BOARD IN FINALIZE THE SCHEME OF MANAGEMENT IS IN TERMS OF THE ORDER PASSED BY THE LAW COMMITTEE OF THE BOARD DTD:28.1.1973 PRODUCED AT ANNEXURE-D WRIT PETITION NO.1767 OF 2018 (GM-WAKF) BETWEEN:
SRI NAZEER AHMED AGED ABOUT 69 YEARS, S/O LATE MOHAMMED KHASIM, RESIDING AT KHALIFA MOHALLA, SOMESHWARPALYA, MULBAGAL 563131, KOLAR DISTRICT.
… PETITIONER (By Mr. M V CHANDRASHEKARA, ADV. FOR (ABSENT)) AND:
1. KARNATAKA STATE BOARD OF WAKFS NO.6, CUNNINGHAM ROAD, VASANTHA NAGAR, BENGALURU-560052 REPBY ITS CHIEF EXECUTIVE OFFICER, 2. THE WAKF OFFICER DISTRICT WAKF OFFICE, KOLAR DISTRICT (By Mr. SYED IMRAN ADV., FOR R1 & R2) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER / DIRECTIVE NOTICE DATED 26.12.2017 ISSUED IN CASE NO.KBW / BLS / 26 KLR / 2013-14 BY DECLARING THE SAME IS ILLEGAL, UNJUST, ERRONEOUS AND OPPOSED TO ORDER DATED 28.1.1973 AT ANEEX-H; AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Mr.Syed Imran, learned counsel for respondent Nos.1 and 2.
Heard.
3. In these petitions, the petitioner has challenged the validity of the order dated 24.05.2016 and 26.12.2017.
4. When the matters were taken up today, learned counsel for respondent Nos.1 and 2 submitted that an application lies against the impugned order under Section 65(2) of the WAKF Act, 1995. The aforesaid submission is placed on record and the writ petitions are disposed of with a liberty to the petitioner that if the petitioner submits an application before the Appellate Authority, the Appellate Authority shall decide the application on merits within three weeks from the date of receipt of such an application in accordance with law.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS