IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32225 OF 2019 (GM-WAKF) Between:
Sri. Samee Ulla Aged about 56 years S/o Hussain Sab Residing at House List No.105 4th Block, Holavanahalli Kareempur, Koratagere Taluk Tumakuru District – 572 121 (By Sri. Fayaz Sab B.G, Advocate) And:
1. The Karnataka Board of Waqfs Represented by its Chief Executive Officer No.6, Darul Auqaf Cunningham Road Bengaluru – 560 052 2. The Karnataka Board of Waqfs Represented by its Administrator No.6, Darul Auqaf Cunningham Road Bengaluru – 560 052 3. The Wakf Officer District Wakf Board Madar Sha Complex … Petitioner Tumakuru – 572 101 … Respondents (By Sri. M.H. Haneef, Advocate for R1 & R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to accord/approve the proposal forwarded/ submitted for constitution of new Managing Committee to look after the affairs of Religious Institution named and registered as Jamia Masjid Ahle Sunnath-UL Jamath Arakeen–A- Committee, situated at Kareempur, Holavanahalli, Koratagere Taluk, Tumakuru District notified as public notice dated 02.01.2018 which is produced herewith as Annexure-C and etc.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri. Fayaz Sab B.G., learned counsel for the petitioner.
Sri. M.H. Haneef, learned counsel for respondent Nos.1 and 2.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner seeks for a writ of mandamus directing the respondents to accord/approve the proposal forwarded/ submitted for constitution of new Managing Committee to look after the affairs of Religious Institution named and registered as Jamia Masjid Ahle Sunnath-UL Jamath Arakeen–A-Committee, situated at Kareempur, Holavanahalli, Koratagere Taluk, Tumakuru District notified as public notice dated 02.01.2018 which is produced herewith as Annexure-C.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to respondent No.1 to accord/approve the proposal forwarded/submitted for constitution of new Managing Committee to look after the affairs of Religious Institution notified as public notice dated 02.01.2018 in accordance with law.
4. On the other hand, learned counsel for respondent Nos.1 and 2 submitted that the public notice dated 02.01.2018 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, the writ petition is disposed of with a direction to the competent authority to consider and decide the public notice dated 02.01.2018, if not already decided, in accordance with law by a speaking order within a period of four weeks from the date of receipt of certified copy of the order passed today.
6. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Mds/-
Sd/- JUDGE