Masabi Dargha And Masafir Khana vs The Chief Executive Officer
2021 Latest Caselaw 6195 Kant

           IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

     DATED THIS THE 15TH DAY OF DECEMBER 2021

                           BEFORE

     THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

             W.P.No.67815/2011 (GM-WAKF)
             & W.P. Nos.71386-71387/2012

Between:

1.     Masabi Dargha and Musafir Khana, Karoshi,
       Rep. by its Muthavalli,
       Shri Akbaralisha Imamsaheb Bawa @ Makandar,
       Age 58 years, Occ: Mutawalli and Mujawaraki,
       R/o.: Karoshi, Tq.: Chikkodi,
       Dist.: Belgaum.

2.   Akbaralisha Imamsaheb Bawa Mahandar,
     Age 58 years, Occ: Mutawalli and Mujawaraki,
     R/o.: Karoshi, Tq.: Chikkodi,
     Dist.: Belgaum.
                                                  ... Petitioners
(By Miss Surabhi Kulkarn for Shri R.M. Kulkarni, Advocate)

And:

1.     The Chief Executive Officer,
       The Karnataka State Board of Wakf,
       Cunningham Road, Bengaluru.

2.     The Administrator/Chairman,
       District Wakf Advisory Committee,
       Camp Area, Belgaum.

3.     Sri. Ismail Jainullabin Makandar,
       Age major, R/o.: Karoshi, Tq.: Chikkodi,
                              :2:




4.    Shri Mohammadgouse Hussain Patel,
      Age major, R/o.: Karoshi, Tq.: Chikkodi.

5.    Shri Abdulkareem Mohd. Hussain Patel,
      Age major, R/o.: Karoshi, Tq.: Chikkodi.

6.    Shri Ashfawahammad Shirajuddin Mugat,
      Age major, R/o.: Karoshi, Tq.: Chikkodi.

7.    Shri Adam Ismail Makandar,
      Age major, R/o.: Karoshi, Tq.: Chikkodi.

8.    Shri Sabeen Ismail Makandar,
      Age major, R/o.: Karoshi, Tq.: Chikkodi.

9.    Shri Saradar Nabisab Makandar,
      Age major, R/o.: Karoshi, Tq.: Chikkodi.

10.   Shir Babasaheb Makbool Makandar,
      Age major, R/o.: Karoshi, Tq.: Chikkodi.

11.   Shri Nayazahamad Meerasab Jora,
      Age major, R/o.: Karoshi, Tq.: Chikkodi.
                                                 ... Respondents
(By Shri Sadiq N.Goodwala, Advocate for R1;
 Shri Ahmed Ali Rehimanshah, Advocate for R2 & R4;
 Smt. Azra J.Dundge, Advocate for R2;
 Notice to R7 & R8 held sufficient;
 R3, R5, R6, R9, R10 & R11 - served)

      These writ petitions are filed under Articles 226 & 227 of
the Constitution of India praying to set aside the judgment
dated 05.06.2010 in O.S. No.KWT/BGM/SR-48/2002 c/w. O.S.
Nos.KWT/BGM/SR-20/2002, passed by 5th Addl. District and
Sessions Judge and Presiding Officer, Karnataka Wakf
Tribunal, Belgaum, produced as per Annexure-A and decree in
the above suits are produced as per Annexures-B, C & D
respectively.

      These petitions coming on for preliminary hearing, this
day, the Court made the following:
                                    :3:



                                  ORDER

It is submitted that the second petitioner who had

initiated the proceedings, which has culminated in passing of

the impugned order is no more and therefore, the petition

would not survive for consideration.

Liberty is however sought for the L.Rs. of the second

petitioner to challenge the validity of the newly constituted

committee.

Reserving liberty to the L.Rs. of the second petitioner to

challenge the validity of the newly constituted committee,

these writ petitions are dismissed as having become

infructuous.

Sd/-

JUDGE Vnp*