Syed Fakrulla Basha Sha Khadri @ ... vs Karnataka State Board Of Auqaf
2022 Latest Caselaw 11871 Kant

                             1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 15TH DAY OF SEPTEMBER, 2022

                           BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.10135 OF 2022 (GM-WAKF)
                            C/W
       WRIT PETITION NO.17503 OF 2022 (GM-WAKF)


IN W.P.NO.10135 OF 2022:

BETWEEN:

SRI.SYED KHUTHBUDDIN SHA KHADRI,
S/O LATE S.M.MOHIUDDIN SHA KHADRI,
AGED ABOUT 44 YEARS,
RESIDING AT KESARMADU VILLAGE,
KESARMADU SHARIFF,
OORDIGERE HOBLI, TUMAKURU TALUK,
TUMKAKURU DISTRICT- 572 104.
                                             ...PETITIONER
(BY SRI.FAYAZ SAB B.G, ADVOCATE)

AND:

1. THE KARNATAKA BOARD OF WAKFS,
REPRESENTED BY ITS SECRETARY,
NO.6, CUNNINGHAM ROAD,
BENGALURU - 560 052.

2. THE CHAIRMAN,
DISTRICT WAKF COMMITTEE,
TUMKUR DISTRICT,
TUMKUR - 572 101.
                                           ...RESPONDENTS
(BY SRI.P.S.MALIPATIL, ADVOCATE FOR R1;
R2 IS SERVED & UNREPRESENTED)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE ENTIRE RECORDS PERTAINING TO THE CASE; DIRECT THE
RESPONDENTS TO PERMIT/ALLOW THE PETITIONERS TO LOOK
AFTER/PERFORM THE DAY TO DAY AFFAIRS OF FATHIHA
KHANI/POOJAS AND ALL RELIGIOUS CEREMONIES INCLUDING
PERFORMANCE OF ANNUAL SANDAL URS OF THE HOLY SHRINE
OF HAZARATH SYED MOHAMMED MONIN BADSHA KHADRI AL
BAGHDADI, SITUATED IN THE SCHEDULE PROPERTY BY
CONSIDERING REPT. DT. 16.08.2019 ANNEXURE-E.

IN W.P.NO.17503 OF 2022:

BETWEEN:

1 . SYED FAKRULLA BASHA SHA KHADRI @ JUBER,
S/O LATE SYED MAQDOOM MOHIDIN SHA KHADRI
@ DADAPEER,
AGED ABOUT 58 YEARS,

2 . SYED KAREEM ULLA SHA KHADRI,
S/O LATE SYED MAQDOOM MOHIDIN SHA KHADRI
@ DADAPEER,
AGED ABOUT 44 YEARS,

3 . SYED MASTHAN MOMIM SHA KHADRI,
S/O LATE SYED MAQDOOM MOHIDIN SHA KHADRI
@ DADAPEER,
AGED ABOUT 35 YEARS,

ALL RESIDENTS OF KESARMADU VILLAGE,
URDGERE HOBLI, TUMKUR TALUK,
TUMKUR DISTRICT- 572 104.
                                          ...PETITIONERS
(BY SRI.VARSHA HITTINHALLI, ADVOCATE)

AND:

1 . KARNATAKA STATE BOARD OF AUQAF,
REP BY ITS SECRETARY,
NO.6, CUNNINGHAM ROAD,
BENGALURU - 560 052.
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2 . THE CHAIRMAN,
DISTRICT WAKF COMMITTEE,
TUMKUR DISTRICT,
TUMKUR - 572 104.

3 . TAHSILDAR,
KESARMADU VILLAGE, URUDAGERE HOBLI.
TUMKUR TALUK AND DISTRICT.
TUMKUR - 572 104.
                                             ...RESPONDENTS
(BY SRI.P.S.MALIPATIL, ADVOCATE FOR R1;
SMT.RASHMI PATEL, HCGP FOR R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING
THE R1 TO CONSIDER THE REPRESENTATION DATED
26.07.2022(ANNEXURE-A),02.08.2022(ANNEXURE-B)     AND
04.08.2022(ANNEXURE-C) AND DIRECT THE RESPONDENT TO
GRANT PERMISSION TO THE PETITIONERS FOR CONDUCTING
THE ANNUAL SANDAL URS IN TERMS OF THE ABOVE
REPRESENTATIONS.

     THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING - B GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:-
                           ORDER

Both the Writ Petitions have become infructuous in

view of the District Wakf Committee issuing notification

dated 5.9.2022 providing for performance of 'Annual Sandal

Urus' with the participation of both the sides, in addition to

others.

It is hereby made clear that the subject notification

and this judgment are confined to the 'Annual Sandal Urus'

scheduled to be celebrated on 17th, 18th & 19th of

September, 2022 and no other rights of the parties are

decided herein.

Ordered accordingly & Writ Petitions are disposed off.

Sd/-

JUDGE

cbc