Syed Fakrualla Basha Sha Kadri @ Jubeer vs The Karnataka State Board Of Wakfs on 27 January, 2015

[Cites 2, Cited by 1]

Karnataka High Court

Syed Fakrualla Basha Sha Kadri @ Jubeer vs The Karnataka State Board Of Wakfs on 27 January, 2015

Bench: S. Abdul Nazeer

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 27TH DAY OF JANUARY 2015

                        BEFORE
     THE HON'BLE MR.JUSTICE S. ABDUL NAZEER


     WRIT PETITION NO.56416 OF 2014 (GM-WAKF)

BETWEEN:

1.     Syed Fakrualla Basha Sha Kadri @ Jubeer
       Aged about 51 years
       S/o. Late Syed Maqdoom Mohiddin Sha
       Khadari @ Dadapeer.

2.     Syed Kareem Ulla Sha Khadri
       Aged about 40 years
       S/o. Late Syed Maqdoom Mohiddin Sha
       Khadari @ Dadapeer.

3.     Syed Masthanmomim Sha Khadri
       Aged about 34 years
       S/o. Late Syed Maqdoom Mohiddin Sha
       Khadari @ Dadapeer.

       All the appellants are residents of
       Kesarmadu Village
       Urudagere Hobli
       Tumkur Taluk
       Tumkur District - 572 104.
                                             ...Petitioners

(By Sri. C.K. Nanda Kumar, Adv.,)
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AND:

1.     The Karnataka State Board of Wakfs
       Represented by its Secretary
       No.6, Cunningham Road
       Bangalore- 560 052.

2.     The Chairman
       District Wakf Committee
       Tumkur District
       Tumkur - 572 101.

3.     Tahasildar
       Kesarmadu Village
       Uridigere Hobli
       Tumkur Taluk
       Tumkur District - 572 104.

4.     Syed Moinuddin Shah Khadri
       Aged about 38 years
       S/o. Syed Maqdoom Mohiddin Sha Khadri
       Kesarmadu Shariff
       Kesarmadu Village, Ooridigere Hobli
       Tumkur Taluk
       Tumkur District - 572 104.
                                     ... Respondents

(By Smt.S.R.Anuradha, Adv. for R.1 & R.2
    Smt.B.P.Rupa, HCGP for R.3
    Sri. Fayaz Sab B.G., Adv. for R.4)

     This writ petition is filed under Articles 226 &
227 of the Constitution of India, praying to direct
the R.3 to issue license as per the application filed
at Ann-X2 to the petitioners who are the managers
and Sajjade Nashin of the Dargah of Hazrath Sha
Momin Badsha Khadri Al Bagdadi to perform the
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yearly urs falling on December 14 and 15 2014 this
year and etc.

      This writ petition coming on for orders this
day, the Court made the following:

                      ORDER

In this case the petitioners have called in question the validity of the order at Annexure-S dated 28.11.2014, whereby the first respondent has permitted the fourth respondent to perform the annual Urs of the Dargah Hazrath Sha Momin Badsha Khadri Al Bagdadi, Kesarumadu Village, Tumkur Taluk.

2. An interim order was passed on 12.12.2014, permitting the fourth respondent to perform the Urs without prejudice to the contentions of the petitioners. It is not in dispute that pursuant to this order, the fourth respondent has performed the Urs. It is also an admitted position that the suits are pending between the parties before the 4 Civil Court at Tumkur, in relation to the aforesaid Wakf institution. Therefore, in the interim order, this Court has observed that the fourth respondent has to independently establish his right in the suits. Since the Urs has already been performed, nothing further survives in this writ petition. It is accordingly dismissed. However, all contentions of the parties are kept open.

3. In view of the dismissal of the writ petition as above, IA.1/2015 does not survive for consideration. It is accordingly dismissed. No costs.

Sd/-

JUDGE SA*

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