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2025 DAILYLAW 39068 (KAR)

SRI SYED IMTHIYAZ v. STATE OF KARNATAKA

WP/35281/2024 · 2025-08-21

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32585 WP No. 35281 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 35281 OF 2024 (GM-POLICE) BETWEEN: 1. SRI SYED IMTHIYAZ S/O HANEEF SAHEB, AGED ABOUT 39 YEARS, BUSINESS AT SHOP NO. C-04, NAGWARA MAIN ROAD, MASJID-E-UMAR BIN KHATTAB, BENGALURU 560045. R/AT NO.28, 4TH CROSS UMAR NAGAR, AC POST BANGALORE-560045. 2. SRI. MOHAMMED SADIQ, S/O. SHAIKMAHAMOOD SAB, AGED ABOUT 70 YEARS. R/A 144/9, 11TH CROSS, H.B.R LAYOUT, NAGAVARA, BENGALURU NORTH, BENGALURU - 560043. 3. SRI. MOHAMMED AMJAD, S/O MOHAMMED KHASIM, AGED ABOUT 41 YEARS, R/AT 309/A, 1ST CROSS, 1ST MAIN UMAR NAGAR, BENGALURU NORTH, ARABIC COLLEGE. BENGALURU -560045. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32585 WP No. 35281 of 2024 4. SRI. S. NAFEEZ, S/O. SHABEE, AGED ABOUT 39 YEARS, BUSINESS AT SHOP. NO.B-27. NAGWARA MAIN ROAD, MASJID-E-UMAR BIN KHATTAB, BENGALURU 560045. R/AT90, 1ST MAIN, 5TH CROSS, UMAR NAGAR, NAGAWARA POST ARABIC COLLEGE POST, BENGALURU - 560045. 5. SRI. AFROZ PASHA, S/O. BABU, AGED ABOUT 32 YEARS. R/AT95/24, 1ST FLOOR. 2ND CROSS, NANJAPPA COLONY BAIRANAKUNTE, NAGAVARA MAIN ROAD, BENGALURU NORTH ARABIC COLLEGE, BENGALURU - 560045. 6. SRI. SYED ZIAULLA, W/O. ABDUL GAFUR, AGED ABOUT 46 YEARS, R/AT NO.16, BEHIND UMER BIN KATTAB MASJID UMAR NAGAR, NAGAWARA BENGALURU NORTH, 7. SRI.MOHAMMED NIZAMUDDIN SHARIFF, S/O MOHAMMED ALEEMUDDIN SHARIFF, AGED ABOUT 51 YEARS, R/AT822, 6TH CROSS, 5TH BLOCK, 1ST STAGE, H.B.R LAYOUT, BENGALURU NORTH, BENGALURU -560 043. - 3 - HC-KAR NC: 2025:KHC:32585 WP No. 35281 of 2024 8. SRI. SALAHUDDIN KHAN B.R. S/O RAWOOF KHAN, AGED ABOUT 46 YEARS, R/AT12, 10TH MAIN, 5TH BLOCK HBR LAYOUT, CHANNASANDRA, KALYANAGAR, BENGALURU NORTH BENGALURU -560043. 9. SRI.MOHAMMED NADEEMUDDIN SHARIFF. S/O. MOHAMMED ALEEMUDDIN SHARIFF, AGED ABOUT 45 YEARS, R/AT NO.E-113, 10TH MAIN, 5TH BLOCK, HBR LAYOUT, NAGAWARA MAIN ROAD, BENGALURU - 560 045. 10. SMT. SHABREENBANU, W/O. SYED SALEEM, AGED ABOUT 32 YEARS, R/AT166/A, BEHIND PAPANNA BUILDING. GOVINDPURA, BENGALURU NORTH, ARABIC COLLEGE BENGALURU, BENGALURU-560045. 11. SRI. SYED YASEEN, S/O. SYED MUHIUDDIN, AGED ABOUT 69 YEARS. R/AT SHANKANIPURA, LAKKONDANAHALLI, POST, HOSKOTE TALUK BANGALORE RURAL DISTRICT KARNATAKA-562 114. 12. MRS JAMEELA BEGUM, D/O. VALI MOHAMMED - 4 - HC-KAR NC: 2025:KHC:32585 WP No. 35281 of 2024 AGED ABOUT 51 YEARS, BUSINESS AT SHOP NO.B-3 29 NAGWARA MAIN ROAD, MASJID-E-UMAR BIN KHATTAB, BENGALURU - 560 045. 13. SRI. TABREZ PASHA, S/O. ABDUL LATHEEF AGED ABOUT 34 YEARS. BUSINESS A SHOP NO.B-10, NAGWARA MAIN ROAD, MASJID-E-UMAR BIN KHATTAB, BENGALURU-560045 R/AT NO.339, 5TH CROSS, GOVINDPUR MAIN ROAD, UMAR NAGAR, NAGWAR, BENGALURU - 560045. 14. SMT. YASMEENBANU, W/O. HABEEB BASHA. AGED ABOUT 53YEARS, BUSINESS AT SHOP.NO.B-32, NAGWARA MAIN ROAD, MASJID-E-UMAR BIN KHATTAB, BENGALURU 560045. R/ATNO.5, DEVARAJ URS ROAD, VENKATESHAPURAM, BENGALURU NORTH, ARABIC COLLEGE, BENGALURU - 560045. 15. SRI. SHAIK MOHAMMED ALI S/O. SHAIKMOHAMMED ANWAR, AGED ABOUT 33 YEARS, R/AC-36, 4TH MAIN, 5TH CROSS, NANJAPPA COLONY, NAGAWARA, BENGALURU NORTH, - 5 - HC-KAR NC: 2025:KHC:32585 WP No. 35281 of 2024 ARABIC COLLEGE, BENGALURU-560045. 16. SRI. ABDUL LATHEEF S/O.LATE. BABAJAN, AGED ABOUT 63YEARS, BUSINESS AT SHOP. NO.B-8, NAGWARA MAIN ROAD, MASJID-E-UMAR BIN KHATTAB, R/AT NO.28, 4TH CROSS, UMAR NAGAR, AC POST, BANGALORE - 560045. 17. SRI. FAIROZ PASHA, S/O. NISAR AHMED, AGED ABOUT 41YEARS, BUSINESS AT SHOP. NO.A-11, NAGWARA MAIN ROAD, MASJID-E-UMAR BIN KHATTAB, BENGALURU - 560045. R/AT31, RAJAPPA BLOCK, ARABIC COLLEGE, BENGALURU -560045. 18. SRI NAWAB AHMED S/O. SHAIKMAHMAMOOD SAB, AGED ABOUT 57 YEARS R/AT30, 2ND MAIN 4TH CROSS, VINOBANAGAR, A.C.POST K.G.HALLI, NAGWARA BENGALURU NORTH BENGALURU 560 045. 19. SMT. RUMANA KHANUM, W/O. SYED KHALLEL AGED ABOUT 28 YEARS - 6 - HC-KAR NC: 2025:KHC:32585 WP No. 35281 of 2024 BUSINESS AT SHOP NO.B-8 NAGWARA MAIN ROAD, MASJID-E-UMAR BIN KHATTAB, BENGALURU - 560 045. 20. SRI. FAIROZ PASHA, S/O. NISAR AHMED, AGED ABOUT 39 YEARS, R/AT31, RAJAPPA BLOCK, MUNESHWARA NAGAR, ARABIC COLLEGE BENGALURU NORTH, BENGALURU - 560 045. 21. SRI SYED IMTHLYAZ S/O. HANEEL SAHEB, AGED ABOUT 39 YEARS, BUSINESS AT SHOP NO. C-04, NAGWARA MAIN ROAD. MASJIT-E-UMAR BIN KHATTAB, BENGALURU 560 045 RAT NO.28. 4TH CROSS, UMAR NAGAR, AC POST BANGALORE - 560 045. …PETITIONERS (BY SRI. MAHADEVASETTY.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHIEF SECRETARY DEPARTMENT OF HOME ROOM NO. 222, 2ND FLOOR, VIDHANA SOUDHA, BENGALURU 560001. 2. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR - 7 - HC-KAR NC: 2025:KHC:32585 WP No. 35281 of 2024 GENERAL OF POLICE POLICE HEAD QUARTERS NRUPATUNGA ROAD BANGALORE 560001. 3. ADDITIONAL DIRECTOR GENERAL OF POLICE KSRP NO. 16, RICHMOND ROAD, KSRP OFFICE PREMISES, BENGALURU 560007. 4. THE COMMISSIONER OF POLICE NO.1 INFANTRY ROAD BENGALURU 560001. 5. THE INSPECTOR OF POLICE K.G.HALLI POLICE STATION ARABIC COLEGE MAIN ROAD BENGALURU -560 045. 6. M/S. HAZRAT AMEERUL MOMESNEER EDUCATION AND EMPLOYMENT TRUST (H.A.M.E.E.T) NO 32. UMAR BIN KHATAB NEXT TO GLASS FACTORY NAGAWARA, ARABIC COLLEGE POST BENGALURU 560045 REPRESENTED BY ITS SECRETARY. 7. MR. NAYAZ PASHA AGED ABOUT 45 YEARS CLAIMING TO BE WAKF OFFICER 8. RAZIYA SULTHANA MAJOR, CLAIMING TO BE WAKF OFFICER 9. SYED AKBAR MAJOR, CLAIMING TO BE WAKF OFFICER - 8 - HC-KAR NC: 2025:KHC:32585 WP No. 35281 of 2024 10. SYED IMRAN MAJOR CLAIMING TO BE WAKF OFFICER RESPONDENT NOS. 7 TO 10 ARE RESIDENTS OF NO. 6, CUNNINGHAM ROAD, BENGALURU - 560 052. 11. SHAMSHUDDIN BIJI @ ABU JAHAL @ NEEMULLA KHATTRE IMAN S/O KHADER MOINUDDING BIJLI AGED ABOUT 47 YEARS 12. MOHIN @ MOINUDDIN BIJLI @ FIROON@ AL KAFOOR IA AITWAR S/O KHADER MOINUDDING BIJLI AGED ABOUT 49 YEARS 13. BASITH K.A. S/O ABDUL KHUDDUS AGED ABOUT 47 YEARS 14. ALTHAF, AGED ABOUT 77 YEARS 15. SYED HANEEF @ BABI S/O LATE SYED YUSUF AGED ABOUT 52 YEARS 16. SYED KHALLEL S/O LATE SYED YUSUF AGED ABOUT 47 YEARS 17. SIDDIQE S/O BASHA, AGED ABOUT 32 YEARS 18. IBRAHIM, AGED ABOUT 32 YEARS - 9 - HC-KAR NC: 2025:KHC:32585 WP No. 35281 of 2024 19. JAVEED, S/O LATE ABDUL MAKAN AGED ABOUT 32 YEARS 20. BABA AGED ABOUT 32 YEARS 21. SHAFIQ AGED ABOUT 62 YEARS RESPONDENT NOS. 11 TO 21 ARE HAVING ADDRESS AT NO.32 UMAR BIN KHATAB NAGAWARA, BANGALORE - 560 045. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA FOR R1 TO R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTIUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 5 CONCERNED TO ACT AGAINST THE R-7 TO 21 BY WAY OF PREVENTIVE AND REMEDIAL ACTION IF THE NEED SO ARISES IN TERMS OF LAW AND ORDER PERTAINING TO THE SUBJECT MATTER OF THE INJUNCTION ORDER DATED. 22.04.2021 (ANNX-AA) PASSED BY THE LD. CITY CIVIL JUDGE, BENGALURU IN O.S.NO. 2591/2021 AS TO STALL ANY FURTHER BREACH OF THE SAID ORDER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 10 - HC-KAR NC: 2025:KHC:32585 WP No. 35281 of 2024 ORAL ORDER The learned counsel for the petitioners has filed a memo which reads as under: 'The counsel for the petitioner humbly submits that the petitioner has now decided to withdraw the above petition as the petitioner has filed another writ petition in the same cause of action. For the reasons stated above the petitioner most respectfully prays that this Hon'ble Court may be pleased to permit the petitioner to withdraw the above writ petition as not pressed in the interest of justice.' Smt K P Yashodha, a learned Additional Government Advocate, who is called upon to accept notice for the first to fifth respondents, is heard, and the petition stands dismissed as withdrawn. SD/- (B M SHYAM PRASAD) JUDGE AN/-