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2025 DAILYLAW 88702 (KAR)

SRI RIYAZ PASHA v. MASJID AND DARGAH HAZARATH

WP/47714/2016 · 2025-08-20

R Nataraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32465 WP No. 47714 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 47714 OF 2016 (GM-PP) BETWEEN: SRI. RIYAZ PASHA AGED ABOUT 50 YEARS, S/O LATE ABDUL KHUDUS TENANT IN SHOP NO.19, DARGAH HAZARATH KAMBALPOSH SHA, SUNNI, BROADWAY, BANGALORE-560051. …PETITIONER (BY SRI. THEJESH N., ADVOCATE) AND: 1. MASJID AND DARGAH HAZARATH KAMBALPOSH AND OTHER ALLIED WAKF INSTITUTIONS, BROADWAY, BANGALORE-560051 REPRESENTED BY ITS ADMINISTRATOR 2. THE COMPETENT OFFICER UNDER KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1974 DARUL AWKUF, NO.6, CUNNINGHAM ROAD, BANGALORE-560052. …RESPONDENTS (BY SRI. NAVEED AHMED, ADVOCATE FOR RESPONDENT NO.1; SRI. P.S.MALIPATIL, ADVOCATE FOR RESPONDENT NO.2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER AT ANNEXURE-C DATED 13.07.2016 PASSED BY THE RESPONDENT NO.2-COMPETENT AUTHORITY. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32465 WP No. 47714 of 2016 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The learned counsel for the petitioner has filed a memo seeking permission of this Court to withdraw this writ petition as not pressed with liberty to file an appeal before the District Court under Section 10 of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974. 2. The memo is taken on record. In view of the memo, the writ petition is dismissed as not pressed. However, liberty is reserved to the petitioner to approach the District Court in accordance with law. 3. The time consumed in pursuing this petition shall be deducted while calculating the limitation applicable to the appeal. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 24