Karnataka High Court
Alamgir Shahi Idgah vs Deputy Commissioner And Chairman on 31 January, 2023
Bench: Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 31st DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
W.P.NO.206438/2015 (GM-WAKF)
C/W
W.P.NO.206439/2015 (GM-WAKF)
In W.P.NO.206438/2015 :
BETWEEN:
Alamgir Shahi Idgah,
Jorapur Peth, Soapur Road, Vijayapur
Represented by its Chairman,
Mohammed Rafeeq S/o Moinuddin Tapal,
Age : 48 years, R/o Behind SP Office,
Sholapur Road, Vijayapur.
.... Petitioner
(By Sri Ameet Kumar Deshpande Senior counsel for
Sri Liyaqat Fareed Ustad, Advocate)
AND:
1. The Deputy Commissioner and Chairman,
Master Plan Committee,
Vijayapur - 586 101.
2. The Commissioner, Bijapur,
Development Authority,
Vijayapur -586 101.
2
3. The Commissioner,
City Municipal Council,
Vijaypur - 586 101.
4. Chief Executive Officer,
Karnataka State Board of Wakf,
No.6, Cunningham Road,
Bengauru - 560 052.
... Respondents
(By Sri Shivakumar R.Tengli, AGA for R1;
Sri S.S.Halalli Advocate for R2;
Sri Amaresh S.Roja, Advocate for R3,
Sri Md.Saleem Patel, Advocate for R4)
This writ petition is filed under Articles 226 and 227
of the Constitution of India praying to issue the writ in the
nature of certiorari and quash the common judgment and
order dated 15.04.2015 passed by the court of the V Addl.
District and Sessions Judge, Belgaum and Karnataka Wakf
Tribunal, Belgaum in KWT.BIJ.SR.OS.1/2012 vide
Annexure-G.
In W.P.NO.206439/2015 :
BETWEEN:
Alamgir Shahi Idgah,
Jorapur Peth, Soapur Road, Vijayapur
Represented by its Chairman,
Mohammed Rafeeq S/o Moinuddin Tapal,
Age : 48 years, R/o Behind SP Office,
Sholapur Road, Vijayapur.
.... Petitioner
(By Sri Ameet Kumar Deshpande Senior counsel for
Sri Liyaqat Fareed Ustad, Advocate)
3
AND:
1. The Deputy Commissioner, Bijapur,
Vijayapur - 586 101.
2. Superintendent of Police,
Solapur road,
Bijapur Vijaypur - 586 101.
3. Chief Executive Officer,
Karnataka State Board of Wakf,
No.6, Cunningham Road,
Bengauru - 560 052.
... Respondents
(By Sri Shivakumar R.Tengli, AGA for R1 and 2;
Sri P.S.Malipatil, Advocate for R3)
This writ petition is filed under Articles 226 and 227
of the Constitution of India praying to issue the writ in the
nature of certiorari and quash the common judgment and
order dated 15.04.2015 passed by the court of the V Addl.
District and Sessions Judge, Belgaum and Karnataka Wakf
Tribunal, Belgaum in KWT.BIJ.SR.OS.3/2012 vide
Annexure-G.
These petitions coming on for Final Hearing, this day,
the court made the following:-
ORDER
The Division Bench of this Court in Writ Appeal
No.50239-241/2013 vide order dated 26.08.2013 has
taken a view that revision lies against the order passed by
the Wakf Tribunal under the Wakf Act, 1995.
2. Under these circumstances, for statistical
purpose writ petitions are disposed of.
3. The Registry shall convert these two writ
petitions into civil revision petitions and the petitioners are
permitted to make necessary changes to bring it in the
format of civil revision petition under sub-section (9) of
Section 83 of the Wakf Act, 1995 and the petitioners are
permitted to make necessary changes in the pleadings.
4. It is to be noticed that the matter is already
admitted and there was an interim order operating in
favour of the petitioners. Said interim order shall continue
to operate till the matter is placed before the Bench having
the roster.
5. Learned Additional Government Advocate
submits that there is compelling urgency in the matter in
view of the interim order granted.
6. In view of the urgency pleaded petitioners shall
make necessary changes in the pleadings within seven
days and Registry shall make necessary changes in the
records.
Sd/-
JUDGE
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