Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1981 WP No. 13839 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 13839 OF 2020 (GM-WAKF) BETWEEN:
SRI IQBAL S/O MOHAMMED GOUSE, AGED ABOUT 45 YEARS, WORKING AS PROGRESS ASSISTANT IN TALUK PANCHAYAT OFFICE, ALSO WORKING AS ADMINISTRATOR IN LABABEEN MASJID AND MADRASA-E-MADEENATHUL ULOOM, M.G.ROAD, CHICKMAGALURU-577 101. …PETITIONER (BY SRI. DIVYATEJ.H.N., ADVOCATE)
AND:
1. KARNATAKA STATE BOARD OF AUQAF, REPRESENTED BY ITS CEO/ANY OTHER AUTHORIZED REPRESENTATIVE DARUL AUQAF, NO.6, CUNNINGHAM ROAD, BANGALORE-560 052. 2. THE DISTRICT WAQF OFFICER, DISTRICT WAQF BOARD, MUNEER COMPLEX, MALLANDUR ROAD, CHICKMAGALURU-577 101. 3. THE DEPUTY COMMISSIONER, CHICKMAGALURU DISTRICT, CHICKMAGALURU-577 101. 4. R.A.SALEEM SAHEB S/O HAJI R.A.SAMAD, AGED ABOUT 60 YEARS, FORMER PRESIDENT, LABABEEN MASJID
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
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NC: 2025:KHC:1981 WP No. 13839 of 2020
AND MADRASA-E-MADEENATHUL ULOOM, M.G.ROAD, CHICKMAGALURU-577 101. 5. SRI EJAJ AHMED S/O UNKNOWN, AGED ABOUT 70 YEARS, RTD. ASSISTANT DEVELOPMENT COMMISSIONER, R/AT MAHAROOF ROAD, SANGIN MASJID BACKSIDE, M.G.ROAD, CHICKMAGALURU-577 101. …RESPONDENTS (BY SRI.MOHAMMED NIYAZ.S., ADVOCATE FOR R1;
SMT. S.R.ANURADHA., ADVOCATE FOR R1 & 2;
SRI. SRINIVAS KUMAR.M., HCGP FOR R3;
SRI. PRAVEEN., ADVOCATE FOR SRI. M.H.HANEEF., ADVOCATE FOR R4 & 5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR DISMISSAL, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Srinivas Kumar.M., HCGP for respondent No.3 and Sri.Praveen., counsel on behalf of Sri.M.H.Haneef., for respondents 4 and 5 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: (a) Issue a Writ in the nature of mandamus directing respondents 1 and 2 to constitute one independent agency to probe the corruption and
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NC: 2025:KHC:1981 WP No. 13839 of 2020
misappropriation of Masjid's money allegations against respondent No.4 within a stipulated period of time. (b) Issue Writ in the nature of Certiorari to quash the impugned Notification passed by respondent No.1 in Order No.KSBA/CMC/12/CMR/2011-12 dated 14.09.2020 for appointing respondent No.5 as Administrator for the Lababeen Masjid and Madrasa- e-Madeenathul Uloom, M.G.Road, Chickmagalur. (c) Issue a Writ of Quo Warranto to respondent No.5 forthwith and direct respondent No.1 to withdraw the appointment of respondent No.5 as an Administrator through the impugned Notification vide Annexure-N.
3.
Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that the impugned order was passed on 14.09.2020 appointing the fifth respondent as Administrator for a period of six months. Now we are in the month of January 2025. Due to efflux of time, the order has
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NC: 2025:KHC:1981 WP No. 13839 of 2020
spent itself as of today. Hence, prayer (b) and (c) cannot be considered at this juncture. As far as prayer (a) is concerned, the petitioner has sought mandamus directing respondents 1 and 2 to constitute one independent agency to probe the corruption and misappropriation of Masjid's money allegations against respondent No.4. Such a prayer cannot be accorded in the Writ Petition. I decline to exercise power under Writ jurisdiction. The Writ Petition is devoid of merits and is liable to be dismissed. 5. Resultantly, the Writ Petition is dismissed. In view of dismissal of the Writ Petition, all pending interlocutory applications are disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 8