Sri Gulabshah vs Karnataka State Board Of Auqaf
2024 Latest Caselaw 27648 Kant

Karnataka High Court

Sri Gulabshah vs Karnataka State Board Of Auqaf on 19 November, 2024

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                                                         NC: 2024:KHC:46809-DB
                                                           WA No. 733 of 2024




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                            PRESENT

                           THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
                                               AND
                              THE HON'BLE MR. JUSTICE K. V. ARAVIND

                              WRIT APPEAL No. 733 OF 2024 (GM-WAKF)

                   BETWEEN:

                   1.   SRI GULABSHAH,
                        S/O SRI MUZAFAR MAKANDAR,
                        AGE 56 YEARS,

                   2.   SRI HAZARAT SHA,
                        S/O SRI MUZAFAR MAKANDAR,
                        AGE 47 YEARS,

                        BOTH ARE AGRICULTURIST BY PROFESSION
                        AND RESIDING AT MOODI DODDI KOPPA,
                        SORAB TALUK,
                        SHIMOGA DISTRICT-577429.
Digitally signed                                                ...APPELLANTS
by VALLI
MARIMUTHU          (BY SRI SHIVAYOGESH SHIVAYOGIMATH, ADVOCATE FOR
Location: High     SRI SANTHOSH KUMAR M. B.,
Court of           & SRI M. CHAMARAJ, ADVOCATES)
Karnataka
                   AND:

                   1.   KARNATAKA STATE BOARD OF AUQAF,
                        BY ITS CHIEF EXECUTIVE OFFICER,
                        No.6, CUNNIGHAM ROAD,
                        BANGALORE-560 052.

                   2.   THE ADMINISTRATOR,
                        DISTRICT WAKF ADVISORY COMMITTEE,
                        MUSLIM HOSTEL,
                        DIST. SHIVAMOGA-577401.
                                                              ...RESPONDENTS
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                                        NC: 2024:KHC:46809-DB
                                             WA No. 733 of 2024




     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 17/11/2023 PASSED IN WP No.11664/2013 AND
ALLOW THE WRIT PETITION AND SET ASIDE THE ORDER DATED
04/02/2023 ON IA No.4 AND RESTORE THE ORIGINAL SUIT IN O.S.
No.16/2010 AND DIRECT THE HON'BLE WAKF TRIBUNAL TO
DISPOSE THE ABOVE SUIT IN ACCORDANCE WITH LAW.

     THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE THE CHIEF JUSTICE MR. JUSTICE
          N. V. ANJARIA
          and
          HON'BLE MR JUSTICE K. V. ARAVIND

                      ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Figures on record the memo dated 31.08.2024 filed by

learned advocate Mr. M.Chamaraj for the appellants in which

the appellants pray for permission to withdraw the appeal with

liberty to approach the appropriate forum.

2. In view of the memo, the writ appeal is permitted to be

withdrawn.

NC: 2024:KHC:46809-DB

3. Appeal is dismissed as withdrawn.

Liberty is reserved to the appellants to approach the

appropriate forum in accordance with law, in respect of which

this Court does not express any opinion on merits.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

MV,