SAHEBALAL S/O GUDUSAB ROHILE, v. THE CHIEF EXECUTIVE OFFICER,
WA/100273/2025 · 2025-08-20
S Sunil Dutt Yadav, Vijaykumar A Patil
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85596 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85596 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:10529-DB WA No. 100273 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF AUGUST, 2025 PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO. 100273 OF 2025 (GM-WAKF)
BETWEEN:
SAHEBALAL S/O.GUDUSAB ROHILE, AGE: 66 YEARS, OCC: BUSINESS, R/O. HANJI COLONY, KUDACHI TOWN, KUDACHI-591311, TQ. RAIBAG, DIST. BELAGAVI. …APPELLANT (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)
AND:
1.
THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF, DARUL AWKAF, 6, CUNNINGHAM ROAD, BENGALURU-560052.
2.
THE DARGAH ESTATE (SUNNI), KUDACHI, TQ. RAIBAG, DIST. BELAGAVI, REPRESENTED BY ITS SECRETARY, GAZALODDIN S. MARUF, AGE: NOT KNOWN, OCC: SECRETARY, R/O. THE KUDACHI DARGAH ESTATE, (SUNNI), KUDACHI, KUDACHI-591311, TQ. RAIBAG, DIST. BELAGAVI.
3.
THE WAQF OFFICER, DISTRICT WAQF OFFICE, 58/8, 1ST ‘A’ CROSS ROAD, NEAR BASAVA CIRCLE, VITHAL DAMODAR NAGAR, CHIKODI-591201, TQ. CHIKODI, DIST. BELAGAVI.
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench
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HC-KAR NC: 2025:KHC-D:10529-DB WA No. 100273 of 2025
…RESPONDENTS (BY SRI. D. L. LADKHAN, ADV. FOR R1 & R3;
SRI. KRISHNAKUMAR JOSHI, ADV. FOR R2)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 15.04.2025 PASSED IN WRIT PETITION NO.102427/2025 (GM-WAKF) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND ALLOW THE WRIT PETITION NO.102427/2025 (GM-WAKF) IN ITS ENTIRETY AND ETC.
THIS APPEAL, COMING ON FOR HEARING ON IA, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)
Learned counsel for the appellant has filed a memo and submits that in light of the ending of the tenure of office, they do not press for adjudication while all contentions raised may be kept open.
2. Taking note that the tenure of the office has come to an end as on date, it would be a futile exercise to adjudicate the correctness of the order of the learned Single Judge. Accordingly, the appeal is disposed off as not calling for adjudication while all legal contentions are kept open.
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HC-KAR NC: 2025:KHC-D:10529-DB WA No. 100273 of 2025
3. Needless to state that the appellant is at liberty to contest the elections as long as there is no disqualification.
4. Pending interlocutory applications, if any, do not survive for consideration.
Sd/- (S.SUNIL DUTT YADAV) JUDGE
Sd/- (VIJAYKUMAR A.PATIL) JUDGE
RH /CT-AN List No.: 1 Sl No.: 28