Fakkirasab Khaji Guru Hazarathsab vs The Additional Chief Executive Officer
2023 Latest Caselaw 10607 Kant

Karnataka High Court

Fakkirasab Khaji Guru Hazarathsab vs The Additional Chief Executive Officer on 14 December, 2023

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                                               NC: 2023:KHC-D:14643
                                                 WP No. 105494 of 2022




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                   DATED THIS THE 14TH DAY OF DECEMBER, 2023
                                      BEFORE
                       THE HON'BLE MR JUSTICE M.I.ARUN
                 WRIT PETITION NO. 105494 OF 2022 (GM-WAKF)
            BETWEEN:
            FAKKIRASAB KHAJI GURU HAZARATHSAB,
            AGE: ABOUT 49 YEARS, OCC: AGRICULTURE,
            BANNI MAHAKALI ONI, R/O. MADHALLI,
            POST: MADHALLI, TQ: LAXMESHWAR,
            DIST: GADAG-582117.
                                                           ...PETITIONER
            (BY SRI. M.M. PATIL, ADVOCATE)
            AND:
            1.   THE ADDITIONAL CHIEF EXECUTIVE OFFICER,
                 KARNATAKA STATE WAQF BOARD,
                 "DARUL AUQAF" #6, CUNNINGHAM ROAD,
                 BENGALURU-560 052.

            2.   THE DISTRICT WAQF OFFICER,
                 GADAG DISTRICT, GADAG-582101.

            3.   THE DEPUTY COMMISSIONER,
                 GADAG DISTRICT, GADAG-582101.
ROHAN
HADIMANI
T           4.   THE TAHASILDAR,
                 LAXMESHWAR TALUKA,
Digitally
signed by        LAXMESHWAR-582116, GADAG DISTRICT.
ROHAN
HADIMANI                                                  ...RESPONDENTS
T
            (BY SRI. D.L. LADKHAN & SRI. SADIQ N. GOODWALA,
                 ADVOCATES FOR R1 & R2;
                 SRI. PRAVEEN UPPAR, AGA FOR R3 & R4;)

                 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
            OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
            CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR
            DIRECTION TO QUASH THE NOTIFICATION ISSUED BY THE 1ST
            RESPONDENT BEARING ITS NO: KSBW/REG/02/GDG/2020-21
            DATED 16.03.2021 THE PETITIONER PROPERTY AS THE WAKF
            PROPERTY AS PER ANNEXURE-G CONSEQUENTLY QUASH THE
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                                    NC: 2023:KHC-D:14643
                                       WP No. 105494 of 2022




NOTICE ISSUED BY THE TAHASILDAR LAXMESHWAR THE 4TH
RESPONDENT AS PER ANNEXURE-D DATED 29.06.2022.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                            ORDER

The petitioner is having an alternative efficacious remedy under the WAQF Act, 1995. Hence, the writ petition is hereby dismissed. However, the interim protection granted to the petitioner shall continue for a period of three weeks from today to facilitate the petitioner to approach the appropriate authority and redress his grievance. However, it is made clear that if the alternative efficacious remedy is availed by the petitioner, then in that event, the appropriate authority without getting influenced by the interim order granted by this Court shall apply its mind independently to the dispute and pass appropriate judgment in accordance with law.

I.A.s, if any, do not survive for consideration.

Sd/-

JUDGE

RH