Sherkhan Jumma Masjid Darbar Galli vs The Deputy Commissioner on 17 November, 2021

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Karnataka High Court

Sherkhan Jumma Masjid Darbar Galli vs The Deputy Commissioner on 17 November, 2021

Bench: N.S.Sanjay Gowda

           IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

     DATED THIS THE 17TH DAY OF NOVEMBER 2021

                           BEFORE

     THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

             W.P.No.63585/2010 (GM-WAKF)

Between:

1.     Sherkhan Jumma Masjid,
       Darbar Galli, Belgaum,
       By its Trustee,
       Shri Liyakhat Ahmed Khan
       Sherkhan Inamdar,
       Age 55 years,
       S/o. Ahmed Khan, Late,
       R/o.: Darbar Galli, Belgaum.

2.     Shri B.M. Risaldar,
       Administrator of Sherkhan Jumma Masjid,
       Darbar Galli, Belgaum,
                                                 ... Petitioners

(By Shri Mohamood Patel, Advocate for P1;
 Shri Ahmedali Rehiman Shah, Advocate for P2)


And:

1.     The Deputy Commissioner,
       Belgaum District, Belgaum.

2.     The District Wakf Committee,
       Belgaum District, Belgaum,
       By its Chairman.
                                  :2:



3.    The Karnataka Lingayat Education Society,
      Belgaum, By its Secretary,
      Board of Management,
      Lingaraj College Campus,
      College Road, Belgaum.

4.    The Karnataka Lingayat Education Society,
      Belguam, By its Chairman,
      Board of Management,
      Lingaraj College Campus,
      College Road, Begaum.

5.    The Karnataka State Board of Wakfs,
      Darul Awkaf, No.6,
      Cunningham Road,
      Bengaluru-560 052,
      Rep. by its Chief Executive Officer.
                                                   ... Respondents

(By Shri V.S. Kalasurmath, HCGP for R1 & R2;
 Shri Mallikarjunswamy B.Hiremath, Advocate for R3 & R4;
 Shri B.Muhammed Ali, Advocate for R5)


      This writ petition is filed under Articles 226 & 227 of the
Constitution of India praying to quash the impugned order
which is at Annexure-A, passed by the II-Addl. District Judge
and Presiding Officer, Karnataka Wakf Tribunal, Belgaum
Division, Belgaum in Appeal bearing No.KWT/ BGM/ SR/ 46/
2002, dated     04.04.2009 and/or issue any other order/s,
direction/s in the form of a writ to the respondents.


      This   petition   coming    on   for   preliminary   Hearing
B-Group, this day, the Court made the following:
                                 :3:



                              ORDER

1. The second petitioner has filed a memo seeking permission to withdraw the writ petition.

2. The writ petition is dismissed insofar as the second petitioner is concerned. Liberty as sought for is granted.

3. The first petitioner is the Trust, which was represented by the Trustee. During the pendency of the writ petition, the Trust was taken over and was placed under the supervision of Administrator i.e., the second petitioner.

4. Since the second petitioner has withdrawn the writ petition with liberty to file fresh petition, this writ petition by the Trust would not survive for consideration. The writ petition is therefore dismissed.

Sd/-

JUDGE Vnp*

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