MD GHOUSUDDIN S/O LATE JALAUDDIN AND ANR vs. THE CHIEF EXECUTIVE OFFICER AND ORS

1 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 17TH DAY OF APRIL, 2018 PRESENT THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE R. DEVDAS WRIT APPEAL No.50018/2013 (GM-CPC) BETWEEN: 1. Md. Ghousuddin S/o Late Jalauddin, Age: 31 years, Occupation Mechanic. 2. Md. Naseeruddin S/o Late Md. Jalaluddin, Age: 27 years, Occupation Electrician. Both represented by GPA Holder, Md. Galib Pasha S/o Abdul Kareem, Age: 60 years, Occupation business, R/o Yateem Khana Quarters, Behind hotel Pariwar, Aiwan-e-Shahi Road, Gulbarga. … APPELLANTS (By Shri Gurubasava C.Nayak, Advocate appearing for N.Krishnacharya, Advocate) AND: 1. The Chief Executive Officer, Karnataka State Board of Wakf, Darual Awakf, # 6 Cunningham Road, Bangalore-560053.

2 2. The District Wakf Advisory Committee, District Wakf Board, Madina Building, Central Kamat Hotel, Main road, Gulbarga-585 102 Represented by its Administrator. 3. The Wakf Secretariat Board, M.S.Building, Bangalore-560053. 4. The Regional Commissioner, Gulbarga Division, Mini Vidhan Soudha, Gulbarga-585 102. 5. Syed Habeeb Sydu Miyan, S/o Maheboob Khan, Major, Member Managing Committee for The Management of yateem Khana Anjuman-e-Ansarusuffa R/o H.No.1-150-D, Station Bazar, Orient Lodge, Police Station, Gulbarga-585 102. 6. Abdul Majeed Mustafa S/o Abdul Wahab sab, Major, member Managing Committee for the Management of Yateem Khana Anjuman-e-Ansarusuffa, R/o Housing Board Colony, Opposite of Bus-Stand, M.S.K.Mill Road, Gulbarga-585 102. 7. Md. Yaseen S/o Md. Raja sab, Major, Member Management Committee, For the Management of YateemKhana, Anjuman-e-Ansaursuffa, Upper lane, Station Bazar, Gulbarga-585102.

3 8. Syed Zaheb Hussain S/o Ismail Hussaini Member managing Committee for the Management of Yateem Khana, Anjumana-e-Ansarusuffa, R/o Vidaya Nagar, M.S.K. Mill Road, Gulbarga-585 102. 9. Shamshul Islam S/o Noorul Islam, Member managing committee for the Management of YateemKhana Anjuman-e-Ansarusuffa R/o Noorul Islam Compound, Opposite to Govt. Press, M.S.K.Mill Road, Gulbarga-585102. 10. Md. Rafiq S/o Md. Ibrahim Patvegar, Member managing committee for the Management of Yateem Khana Anjuman-e-Ansarusuffa R/o Khari Bowli Mominapur, Gulbarga-585102. 11. Khursheed Ali Mullan S/o Ahmadsab Mullan, Member managing committee for The Management of Yateem Khana, Anjuman-e-Ansarussuffa, R/o Gunj Road, Lines, Gulbarga-585102. 12. Md. Zaheb S/o Abdul Sattar, Member managing committee for The management of Yateem Khana R/o Rahamath Nagar Gulbarga-585102. 13. Qumarul Islam S/o Noorul Islam Member managing committee for the Management of Yateem Khana Anjuman-e-Ansarussuffa & MLA R/o Noorul Islam compound, Opposite to Govt. Press, M.S.K. Mill Road, Gulbarga-585102.

4 14. Iqbal S/o Lal Ahmed, Age: 60 years, Occupation business, Awia-e-Shahi opposite Masjid, Gulbarga—585102. 15. Administrator, Yateem Khana Anjuman Ansarusuffa Sunni Station Road, Gulbarga, Janab Syed Tayyab Ali Rtd. Deputy Director, Food and Civil Supplies, H.No.7-888, Naya Mohalla, Near Haj Committee Gulbarga-585104. 16. The Karnataka Wakf Board through, Chairman R. Abdul Riyaz Khan S/o Raouf Khana Advocate R/o No.20/22, Second Floor Byatappa Building, Cubbonpet Main Road, Bangalore-560002. 17. Additional Chief Executive Officer, Karnataka Wakf Board, Cunningham Road, Bangalore-560 002. 18. Sri, K.Rahman Khana S/o K.Khasim Khan R/o 200/C, IIIrd Block 7th main Jaya Nagar, Bangalore-560010. 19. Sri, Qamarul Islam S/o Noorul Islam R/o House No.1864/5, MSK Mill Road, Station Bazar, Gulbarga-585 101. 20. Sri, Tanveer Seth S/o Late Azia Seth R/o No.532 9th main M.G.Road Cross, Udya Ghl Mysore-570 019.

5 21. Dr. Mohammed Yousuf Mutawalli, R/o Masjid-e-Muzummil Trust, Muzammil Masjid Road, Opposite HKDK College, Umarnagar, Bangalore-560002. 22. Sri. Syed Shahah Khsru Hussaini Mutawalli R/o Dodi Darga Khaja Bandenawaz, Rauza-Buzrug Gulbarga-585 104. 23. Sri, Yenopiya Mohammed Kunni, Secretary R/o Yenopiya Education Institutions Yenopiya University, Devarala Katte, Mangalore. 24. Sri. Alhaj Noor Basha, R/o Al Haj No.34, Ward No.26, Yaseen Saudi Masjid Street Cowl Bazar, Bellary-583102. 25. Moulana N. K.M Shafi Saddi, Principal Secretary Saadiya Educational Foundation, Kadirenahalli Park B.S.K. II nd Stage Bangalore-560070 26. Moulana Syed Mohammed Ibrahim R/o No.15, Hosur Road, Richmond Town Bangalore-560025. 27. Sri. H.S.Ismathulla Khan Additional Commissioner Commercial Tax Department R/o No.120. 30th A cross east end main road, Jaya Nagar 4th T Block, Bangalore-560004.

6 28. Syed Tayyab Ali Retired Deputy Director of Food, And Civil Supplies House No.7-888, Naya Mohalla Near Haj Committee Gulbarga-585 104. 29. Janab Taher Ali S/o Mohammed Retired Income Tax Officer, Khaja Colony Gulbarga-585 104. 30. Mohammed Ikramuddin, Retired Asst. Executive Engineer, R/o Beside Masjid Aiwan-e-Shahi, Gulbarga-585 102. 31. Mohammed Hussain Siddiqui Sadar Quazi Bhatkal Mominpur, Gulbarga-585 104. 32. Janab Baddruduja Wasli, Lower Lane one way Traffic Station, I.B.Road, Gulbarga-585 102. … RESPONDENTS This Writ Appeal is filed Under Section 4 of the Karnataka High Courts Act, praying to call for entire records in O.S.No.2/2010 from the Karnataka Wakf Tribunal Gulbarga dated 06.02.2013. Allow the appeal by setting aside the order learned single judge by giving directions to the Wakf Tribunal in O.S.No.2/2010 to accept the memo of calculation filed in W.P.No.85764/2012 for Rs.4,16,489-00. Any other relief to which the petitioner is entitled in the eye of law be granted. This appeal coming on for Orders this day, S.N.SATYANARAYANA J., delivered the following:

7 JUDGMENT This appeal is filed impugning the order dated 08.01.2013 in W.P.No.85764/2012 which was classified as GM-CPC. Admittedly there is no appeal provided to an order passed in a writ petition which is classified as GM-CPC pursuant to order passed in W.A.No.1585/2007 which is reported in ILR 2009 Kar 1207, in fact immediately after filing of the writ petition, the said objection was raised on 18.07.2013. The petitioner herein did not comply with the said objection, however, pursued this matter for nearly five years thereafter and today he has come up with a memo seeking permission to withdraw. 2. Memo is rejected. 3. Writ Appeal is dismissed as not maintainable and while doing so, cost of Rs.5,000/- is imposed on the appellant in filing an appeal without there being a provision to entertain the appeal against the said order. In spite of the same being brought to his notice on 18.07.2013, he has allowed this appeal to continue on the file for nearly 5 years

8 wasting the valuable time of this Court. Hence Rs.5,000/- cost is imposed on him, which shall be paid within three days from today, failing which he is barred by filing any proceedings before this Court until he complies payment of costs. Sd/- JUDGE Sd/- JUDGE SMP