IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.56639 OF 2014 (GM-WAKF) BETWEEN:
SRI.SALEEL SHARIFF S/O G ABBAS SHARIFF AGED ABOUT 51 YEARS R/O THOTADA MANE HAJI MOHALLA, ALUR – 573 213 HASSAN DISTRICT.
(BY MR.KALEEMULLAH SHARIEFF, ADV.) AND:
1. THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF WAKFS, “DARUL AWQAF” NO.6, CUNNINGHAM ROAD BANGALORE – 560 052.
2. THE WAKF OFFICER S/O SYED GAFFAR SAB AGED ABOUT 39 YEARS OCC: AGRICULTURIST HASSAN DISTRICT – 573 201.
3. THE SECRETARY JUMMA MASJID ALUR – 573 213 HASSAN DISTRICT.
… PETITIONER … RESPONDENTS (BY MRS.S.R.ANURADHA, ADVOCATE FOR R-1 R-2 & R-3 SERVED AND UNREPRSENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND DIRECT THE R-1 TO CONSIDER AND DISPOSE OF THE REPRESENTATION OF THE PETITIONER DATED 18.11.2013, VIDE ANNEX-A, REPRESENTATION DATED:
05.12.2013 VIDE ANNEX-C AND REPRESENTATION DATED 10.07.2014 VIDE ANNEX-D AND TO GRANT AN ALTERNATIVE SITE BY ISSUING A WRIT OF MANDAMUS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Kaleemullah Shariff, learned counsel for the petitioner.
Smt.S.R.Anuradha, learned counsel for respondent No.1.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a direction to the respondent No.1 to consider the representations contained in Annexure-A, C & D submitted by the petitioner 4. When the matter was taken up today, learned counsel for the petitioner submitted that the representations submitted by him shall be considered. On the other hand, learned counsel for the respondent submitted that the same shall be dealt with in accordance with law if not already decided.
5. In view of the submissions made and in the facts of the case, I deem it appropriate to dispose of the writ petition with a direction to the competent authority to decide the representations submitted by the petitioner, if not already decided in accordance with law by a speaking order within four 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.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS