Karnataka Waqfs Prorection vs Secretary To Government
2022 Latest Caselaw 8769 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 14TH DAY OF JUNE, 2022

                         PRESENT

           THE HON'BLE MR. JUSTICE ALOK ARADHE

                               AND
             THE HON'BLE MS.JUSTICE J.M.KHAZI

             W.A.NO.995 OF 2021 (GM-WAKF)

BETWEEN:

1.     KARNATAKA WAQFS PRORECTION
       JOINT ACTION COMMITTEE (REGD)
       NO.2, CARIAPPA BHAVAN,
       RESIDENCY ROAD,
       BENGALURU - 560 025,
       REP BY ITS GENERAL SECRETARY,
       M.J. ALI,

2.     MOHAMMED ILYAS
       S/O. ABDUL BASITH,
       AGED ABOUT 74 YEARS,
       R/O NO.15, 3RD CROSS,
       MARAPPA GARDEN,
       CHURCH ROAD CROSS,
       BENGALURU - 560 046.
                                           ... APPELLANTS
(BY SRI. B.A.BELLIAPPA, ADVOCATE)

AND:

1.     SECRETARY TO GOVERNMENT
       MINORITY WELFARE DEPARTMENT,
       NO.206, 2ND FLOOR, VIKASA SOUDHA,
       BENGALURU - 560 001.
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2.   ELECTROL REGISTRATION OFFICER AND
     REGIONAL COMMISSIONER
     BENGALURU DIVISION,
     2ND FLOOR, BMTC COMPLEX,
     SHANTHINAGAR,
     BENGALURU - 560 027.

3.   KARNATAKA STATE BOARD OF WAQFS
     NO.6, CUNNINGHAM ROAD,
     BENGALURU - 560 052,
     REP BY ITS CHIEF EXECUTIVE OFFICER.

4.   R. ABDUL RIAZ KHAN
     S/O. LATE RAHR KHAN,
     AGED MAJOR, R/O.20/22,
     2ND FLOOR, CUBBONPET MAIN ROAD,
     BENGALURU - 560 002.
                                               ...RESPONDENTS
(BY SRI. P.USMAN, ADVOCATE FOR C/R4
    SMT. VANI H, AGA FOR R1 TO R3)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER   PASSED     BY   THE    LEARNED      SINGLE    JUDGE    IN
W.P.NO.385/2021    (GM-WAQF)       DATED      19.08.2021      AND
CONSEQUENTLY ALLOW THE SAME, IN THE INTEREST OF
JUSTICE AND EQUITY.


     THIS   WRIT   APPEAL     COMING   ON    FOR     PRELIMINARY
HEARING THIS DAY, ALOK ARADHE J., DELIVERED THE
FOLLOWING:
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                       JUDGMENT

Sri. B.A. Belliappa, learned counsel for the appellants.

Sri. P. Usman, learned counsel for respondent No.4.

Smt. Vani H., learned Additional Government Advocate

for respondent Nos.1 to 3.

This appeal arises from the order dated 19.08.2021

passed by the learned Single Judge by which the writ petition

preferred by the appellants has been dismissed.

2. Learned counsel for the appellants while inviting

the attention of this Court to the submissions made in

paragraph No.7 of the impugned order contends that the case

of the appellants is that respondent No.4 is ineligible to be

appointed as member of the Karnataka Waqf Board under the

provisions of the Karnataka Waqf Act, 1995 (hereinafter

referred to as 'the Act' for short). It is also pointed out that

the aforesaid contentions are raised before the learned Single

Judge. However, the same has not been dealt with.

3. In view of the aforesaid submission and in the

facts of the case, we deem it appropriate to dispose of the

appeal with the liberty to the appellants to seek review of the

order dated 19.08.2021 passed by the learned Single Judge.

4. Needless to state that if the appellants file the

petition seeking review of the order within a period of two

weeks from today, the appellants shall be entitled to the

benefit of the time spent in prosecuting this appeal.

With the aforesaid liberty, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

Mds