Karnataka High Court
Sayed Murtuza Hussaini vs Syed Moinuddin Hussaini And Anr on 8 April, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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WA No.200093 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT APPEAL NO.200093 OF 2024 (GM-WAKF)
BETWEEN:
SHRI SAYED MURTUZA HUSSAINI
S/O SAYED MEHMOOD HUSSAINI
AGE: 49 YEARS
OCC: HEREDITARY SAJJADA NASHIN
AND MUTUVALLI
R/O C.T.S. NO.1925
NEXT HAZARATH HASHIM PEER DARGHA
VIJAYAPURA - 586 104
...APPELLANT
Digitally signed by (BY SRI VEDULA VENKATARAMAN, SENIOR COUNSEL FOR
BASALINGAPPA
SHIVARAJ SRI D.P. AMBEKAR, ADVOCATE)
DHUTTARGAON
Location: HIGH
COURT OF
KARNATAKA
AND:
1. SHRI SYED MOINUDDIN HUSSAINI
S/O SYED SHAH HASHIM HUSSAINI
AGE: 67 YEARS
OCC: RETIRED
R/O C.T.S. NO.1924
NEXT TO HAZARATH HASHIM PEER DARGHA
BIJAPUR - 586 104.
2. THE CHIEF EXECUTIVE OFFICER
KARNATAKA STATE BOARD WAKFS
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WA No.200093 of 2024
DARUL AWKAF NO.6
CUNNINGHAM ROAD
BENGALURU - 560 052.
3. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF MINORITY WELFARE
VIKAS SOUDHA, BENGALURU - 01.
...RESPONDENTS
(BY SRI AMEET KUMAR DESHPANDE, SENIOR COUNSEL FOR
SRI GANESH S. KALBURGI, ADVOCATE FOR C/R-1;
SRI VEERANAGOUDA BIRADAR, H.C.G.P., FOR R3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 AND RULE 27 OF THE
WRIT PROCEEDINGS RULES, PRAYING TO ALLOW THE WRIT
APPEAL AND SET ASIDE THE FINAL ORDER DATED 13.03.2024
PASSED BY THE HON'BLE SINGLE JUDGE IN W.P. NO.204571
OF 2014; CONSEQUENTLY RESTORE THE JUDGMENT OF THE
WAKF TRIBUNAL, BELGAUM IN APPLICATION NO.KWT/BJR/SR-
6/2012, ANNEXURE-A DATED 01.08.2014 AND GRANT SUCH
OTHER RELIEF TO THE APPELLANT AS IT DEEMS FIT IN THE
FACTS CIRCUMSTANCES OF THE CASE, TO MEET THE ENDS OF
JUSTICE.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY H.T.NARENDRA PRASAD J., DELIVERED
THE FOLLOWING:
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WA No.200093 of 2024
JUDGMENT
This writ appeal is filed by respondent No.2 in the
writ petition challenging the order dated 13.03.2024
passed by the learned Single Judge in
W.P.No.204571/2014 whereby the writ petition came to be
allowed and matter was remitted to the Wakf Tribunal for
fresh disposal in accordance with law.
2. Sri Vedula Venkataraman, learned Senior
Counsel appearing for the appellant has raised objection
regarding maintainability of the writ petition before the
learned Single Judge. On the other hand, Sri Ameet
Kumar Deshpande, learned Senior Counsel appearing for
respondent No.1/Caveator also raised objection regarding
maintainability of intra Court appeal before this Court.
3. After giving our thoughtful consideration to the
submissions made by the learned counsel for the parties
and perusal of the order passed by the learned Single
Judge, we are of the view that without going into the
merits of the case in this appeal, in the interest of justice
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of parties, we are only clarifying that without being
influenced any observations made in the course of the
order passed by the learned Single Judge, the Tribunal is
directed to dispose of the application in accordance with
law.
4. In the light of the above, the following:
ORDER
[i] The matter is remitted to the Wakf Tribunal
with a direction to dispose of the matter in
accordance with law after giving opportunity
to the parties without being influenced by
any observation made by the learned Single
Judge in the order dated 13.03.2024.
[ii] The parties are directed to appear before the
Wakf Tribunal on 04.06.2024 without
awaiting any further notice.
[iii] It is made clear that the Wakf Tribunal is
directed to dispose of the application within
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an outer limit of not later than three (3)
months from the date of appearance of the
parties.
[iv] It is made clear that the parties shall not
seek any adjournments unless any exigency
warrants and co-operate for expeditious
disposal of the matter.
With the above observations, the petition stand
disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
BL
