IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.10307/2013 C/W WRIT PETITION No.10306/2013 (GM-WAKF) IN WP No.10307/2013 BETWEEN:
SRI S A GANGADHARAPPA S/O ANJANAPPA, AGE 53 YEARS, RESIDING AT DOOR NO.126, HASIKARAGADA MANTAPA ROAD, KENGERI, BANGALORE SOUTH TALUK-560 060 PETITIONER (BY SRI B. O. CHANDRA SHEKAR, ADVOCATE) AND:
1. KARNATAKA STATE BOARD OF WAKFS "DARUL AWKAF", NO.6, CUNNINGHAM ROAD, BANGALORE-560 052 REPRESENTED BY ITS SECRETARY.
2. THE ENQUIRY OFFICER AND ADDITIONAL CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKFS, DARUL AWKAF, NO.6, CUNNINGHAM ROAD, BANGALORE-560 052.
3. THE MANAGING COMMITTEE JAMIYA MOSQUE, BANGALORE-MYSORE ROAD, KENGERI, BANGALORE(U)-560 060 REPRESENTED BY ITS SECRETARY.
... RESPONDENTS (BY SRI SYED SUHAIL ALI – ADV., FOR R-1 AND R-2;
SRI MOHAMMED TIPPU SULTAN – ADV., FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DT.15.12.12 PASSED IN OS.NO.10/11, ON ISSUE NO.9, BY THE KARNTAKA WAKF TRIBUNAL, BANGALORE DIVISION, BANGALORE PRODUCED AT ANN-A AND ETC.
IN WP No. 10306/2013 BETWEEN:
SRI SUBRAMANI S/O CHINNAPPA AGE: 49 YEARS R/A HOUSE BEARING KHATHA NO.264 ANNAMMA DEVI TEMPLE ROAD KENGERI, BANGALORE SOUTH TALUK – 560060.
.. PETITIONER (BY SRI B. O. CHANDRA SHEKAR, ADVOCATE) AND:
1. KARNATAKA STATE BOARD OF WAKFS DARUL AWKAR, NO.6 CUNNINGHAM ROAD, BANGALORE 560052 REP. BY ITS SECRETARY 2. THE ENQUIRY OFFICER AND ADDITIONAL CHIEF EXECUTIVE KARNATAKA STATE BOARD OF WAKFS DARUL AWKAR, NO.6 CUNNINGHAM ROAD BANGALORE 560052 3. THE MANAGING COMMITTEE JAMIYA MOSQUE, BANGALORE-MYSORE ROAD KENGERI, BANGALORE (U) 560060 REP. BY ITS SECRETARY. ... RESPONDENTS (BY SRI SYED SUHAIL ALI – ADV., FOR R-1 & R-2; SRI MOHAMMED TIPPU SULTAN – ADV., FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DT.15.12.12 PASSED IN OS.NO.9/11, ON ISSUE NO.9 BY THE KARNATAKA WAKF TRIBUNAL, BANGALORE DIVISION, BANGALORE PRODUCED AT ANN-A.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the respondent No.3 has raised an objection with regard to the maintainability of the petitions on the ground that the petitioners in both the petitions ought to have filed a revision.
In view of the aforesaid submission, the learned counsel for the petitioners in both the petitions are permitted to convert these writ petitions into revision petitions under Section 83(9) of the Wakf Act, 1995.
With the above said observations, writ petitions are disposed of for statistical purposes.
Sd/- JUDGE rs