- 1 - NC: 2025:KHC:15831 WP No. 29490 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29490 OF 2017 (GM-PP) BETWEEN: SRI ALLAH BAKSH @ BABU AGED ABOUT 48 YEARS S/O MR ABDUL AZEEZ, R/AT NO.2,"B" STREET, SLAUGHTER HOUSE ROAD, BROADWAY ROAD CROSS, BENGALURU-560 051 …PETITIONER (BY SRI. MOHAMMED SHAMEER.,ADVOCATE) AND: 1. ADMINISTRATOR DARGAH HAZRATH KAMBAL POSH SHAH, SUNNI BROADWAY, H.K.P.ROAD, SHIVAJINAGAR, BENGALURU-560 051 2. THE COMPETENT OFFICER UNDER KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT,1974, FARUL-AWKUF,NO.6, CUNNINGHAM ROAD, BENGALURU-560052 …RESPONDENTS (BY SMT. SWATHI ASHOK., ADVOCATE FOR R2; R1-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE PROCEEDINGS INITIATED BY THE R-1 BEFORE THE R-2 IN PROCEEDINGS BEARING NO. PP/113/BNU/2010 VIDE ANNEX-A AND ETC. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15831 WP No. 29490 of 2017 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. To issue a writ or order or direction in the nature of certiorari quashing the proceedings initiated by the 1st Respondent before the R2 in proceedings bearing No. PP/113/BNU/2010 (vide Annexure-A) ii. Alternatively, issue a writ, order or direction in the nature of Certiorari quashing the order dated 22.04.2017 passed by the Hon’ble XXXIII Addl. City Civil and Sessions Judge at Bengaluru in M.A.No.39/2016 (vide Annexure-B) and remand the matter to the said Court for a fresh determination on merits. iii. Pass such other and further orders as this Hon’ble Court may deem fit to grant in the circumstances of the case in the interests of justice and equity. 2. A memo dated 8.4.2025 has been filed and signed by the petitioner and learned counsel for the petitioner, which reads as under: MEMO The Petitioner respectfully submits that instant writ petition is filed aggrieved by the order dated 25.04.2016 passed by the respondent No.2 rejecting the application filed by him under Sec.83 of the Waqf Act, 1995 R/w 151 of CPC, further aggrieved by the - 3 - NC: 2025:KHC:15831 WP No. 29490 of 2017 order dated 22.04.2017 passed by the XXXIII Addl City Civil and Session Judge Bengaluru rejecting the appeal in MA 39/2016 filed by the petitioner. It is submitted that the petitioner has since vacated the shop bearing No. 65 situated at Masjid and Dargha Hazrath Kambal Posh, Bengaluru, and is no longer in possession of the same. Consequently, the instant writ petition is rendered infructuous. Hence, the Petitioner herein pray that the instant Petition be dismissed as withdrawn. WHEREFORE, it is most respectfully prayed that this Hon'ble Court be pleased to take the instant memo on record and dismiss the Petition as withdrawn in the interest of justice and equity. 3. Submission of learned counsel for the petitioner is that the petitioner has vacated the premises and as such he is no longer interested in prosecuting the above matter. 4. Placing the said memo and submission of learned counsel for the petitioner on record, the petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 0