IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.16722 OF 2017 (GM-WAKF) BETWEEN:
SYED JAMAL S/O SYED ILIYAS AGED ABOUT 40 YEARS R/O S N NAGAR NEW EXTENSION, SAGAR-577421 SHIVAMOGA DISTRICT. … PETITIONER (By Sri. RAJARAM SOORYAMBAIL, ADV.) AND:
1. KARNATAKA STATE BOARD OF WAKFS REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER ‘DARUL AWAKF’ NO.6 CUNNINGHAM ROAD BENGALURU-560052.
2. THE ADMINISTRATOR KARNATAKA STATE BOARD OF WAKF BENGALURU-560052.
3. SYED MUNOWAR S/O SYED HAROON AGED MAJOR NEHRU NAGAR 8TH CROSS SAGAR-577421.
4. MANSOOR IQBAL S/O S AHMED SHARIFF AGED MAJOR TIMBER TRADERS NEHRU NAGAR 9TH CROSS SAGAR-577421.
5. ABDUL MOHSIN KHAN S/O ABDUL KAREEM KHAN AGED MAJOR BEETLENUT MERCHANT NEHRU NAGAR SAGAR-577421.
6. SYED TAHER S/O GHOUSE MOHIUDDIN AGED MAJOR SORABA CHICKEN CENTER MARKET ROAD SAGAR-577421.
7. B NOOR AHAMED S/O BUDDEN AGED MAJOR MADRASA ROAD 3RD CROSS, JANNAT NAGARA SAGAR-577421.
8. SYED SUHAIL S/O SYED KHALEEL AGED MAJOR TIMBER TRADERS GULAMUDEEN ROAD SAGAR-577421 9. MOHAMED ALI S/O T K ABDUL KHADER AGED MAJOR VEGETABLE SELLERS JANNATH NAGAR SAGAR-577421. … RESPONDENTS (Smt. S.R. ANURADHA, ADV. FOR R1 AND R2 Sri. SYED IMRAN, ADV. FOR R3-R9) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 23.12.2016 vide Annex-A by R-2 and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Rajaram Sooryambail, learned counsel for the petitioner.
Smt.S.R.Anuradha, learned counsel for the respondent Nos.1 and 2.
Sri.Syed Imran, learned counsel for respondent Nos.3 to 9.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioner inter alia seeks quashment of the order dated 23.12.2016 passed by the Administrator, Karnataka State Board of Wakf, Bengaluru.
4. After arguing the matter to some extent, learned counsel for the petitioner seeks leave of this Court to dispose of the writ petition with liberty to the petitioner to file revision under Section 83 of the Wakf Act, 1995.
5. In view of the aforesaid submission, the writ petition is disposed of in terms of the liberty as prayed for.
Sd/- JUDGE RV