IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.17849 OF 2018 (GM-WAKF) BETWEEN:
1.SRI T A USMAN S/O ABDUL AZEEZ, AGED ABOUT 47 YEARS R/AT MURNAD TOWN, MADIKERI TALUK, KODAGU DISTRICT – 577016. (By Mr. R.S. RAVI, ADV.) AND:
… PETITIONER 1. KARNATAKA STATE MINORITY COMMISSION 5TH FLOOR,V.V.TOWER, OPPOSITE COFFEE BOARD, DR AMBEDKAR VEEDHI, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY.
2. KARNATAKA STATE WAKF BOARD CUNNINGHAM ROAD, BENGALURU-560001. REPRESENTED BY ITS CHEIF EXECUTIVE OFFICER.
3. THE DISTRICT WAKF ADVISOR COMMITTEE MOULANA ABDUL KALAM AZAD BUILDING, NEAR RURAL POLICE STATION, FMC COLLEGE ROAD,MADIKERI – 577106.
4. THE SECRETARY MURNAD MUSLIM JAMA-ATH COMMITTEE MURNAD TOWN, MADIKERI TALUK KODAGU DISTRICT-577106.
… RESPONDENTS (By Mr. M.H. HANEEF, ADV., FOR R2 & R3 (ABSENT)) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF SUSPENSION DTD 01.04.2014 PASSED BY THE R-4 VIDE ANNX-A. AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.R.S.Ravi, learned counsel for the petitioner.
Sri.Zameer Pasha, learned counsel for the respondent.No.1.
Sri.Rajaram Sooryambail, learned counsel for the respondent.No.4.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs;
i) Quash the order of suspension dated 01.04.2014 passed by the 4th respondent vide ANNEXURE-A.
ii) Direct the Respondents 1 and 3 to consider the representations dated 26.03.2014, 07.04.2014, 17.03.2015 and 10.02.2015 vide Annexure –G, G1, G2 and G3 respectively and to direct the 4th respondent for revoking the order of suspension.
iii) Grant such other relief/reliefs as deem fir to grant I the facts and circumstance of the case.
4. When the matter was taken up today, learned counsel for the respondent No.4 submitted that the suspension of the petitioners which was for a period of three months has already been revoked. The aforesaid submission is taken on record.
5. Needless to state that the petitioner shall be at liberty to enter the mosque and are entitled for all the facilities as per the bye laws of the respondent No.4-Committee.
Accordingly, the petition is disposed of.
Sd/-
JUDGE SS