Karnataka State Board Of Wakf vs Karnataka State Board Of Wakf on 3 October, 2016

[Cites 2, Cited by 3]

Karnataka High Court

Karnataka State Board Of Wakf vs Karnataka State Board Of Wakf on 3 October, 2016

Bench: A S Bopanna

                                1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 3RD DAY OF OCTOBER, 2016

                          BEFORE

       THE HON'BLE MR. JUSTICE A S BOPANNA

       WRIT PETITION No.14559/2011 (GM-WAKF)
BETWEEN:

KARNATAKA STATE BOARD OF WAKF
EMPLOYEES ASSOCIATION, NO.6
CUNNINGHAM ROAD,
BANGALORE-52
REP. BY ITS SECRETARY
                                    ... PETITIONER
(BY SRI. P S MALIPATIL, ADV.)

AND:

   1. KARNATAKA STATE BOARD OF WAKF
      NO-6, CUNNIGHAM ROAD
      BANGALORE-52, REPRESENTED
      BY ITS CHIEF EXECUTIVE OFFICER

   2. JAMIA MASJID YELAHANKA
      BY ITS ADMINISTRATOR
      YELAHANKA, BANGALORE-64

   3. THE KARNATAKA WAKF PROTECTION
      JOINT ACTION COMMITTEE BANGALORE
      A COMMITTEE REGISTERED
      UNDE THE PROVISIONS OF
      THE KARNATAKATA SOCIETIES
      REGISTRATION ACT NO.561,
      AIRPORT ROAD, OPP: DENA BANK
      KODIHALLI, BANGALORE-8

   4. MR. SYED ASLAM
      NO.1526/1, 3RD CROSS
      SUGGAPPA LAYOUT
      YELAHANKA,
      BANGALORE-64
                             2

   5. MR. ABDUL SATTAR
      S/OMOHAMMAD HUSSAIN
      NO.173, MASJID CROSS ROAD
      YELAHANKA
      BANGALORE-64

   6. MR SYED NAWAZ
      S/O SYED PEERU
      MASJID CROSS
      ROAD YALAHANKA
      BANGALORE-64
                                         ... RESPONDENTS
(BY SRI. M G S KAMAL, ADV. FOR
    M/S. KAMAL & BHANU, ADV. FOR C/R3
    SMT. ANURADHA, ADV. FOR R1
    R2, 4 TO 6 ARE SERVED & UNREPRESENTED)

      THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE IMPUGNED ORDER OF THE WAKF TRIBUNAL BANGALORE
DIVISION BANGALORE IN APPLICATION NO. 9/05 DTD 2.12.10
PASSED IN APPLICATION NO. 9/05 VIDE ANEX-F.

     THIS PETITION COMING ON FOR PRELIMANARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:

                      ORDER

The petitioner is assailing the order dated 02.12.2010 passed by the Wakf Tribunal, Bengaluru in Application No.09/2005.

2. This Court by the order dated 22.06.2016 passed in W.P.No.113035/2015 has held that in respect of such order, a Civil Revision Petition is maintainable and not a writ petition.

3. Hence, the petitioner has filed a memo dated 03.10.2016 seeking leave to convert the instant petition into a Civil Revision Petition. Accordingly, the leave sought for is granted. Registry to permit the learned counsel for the petitioner to convert the instant petition into a civil revision petition and list the same before the Court having roster for the subject.

For the purpose of records, the instant petition shall be rounded up as disposed of.

Sd/-

JUDGE akc/bms

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