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1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 28TH DAY OF NOVEMBER 2012 PRESENT THE HON’BLE MR. JUSTICE MOHAN SHANTANAGOUDAR AND THE HON’BLE MR. JUSTICE RAVI MALIMATH REVIEW PETITION NO.2554/2012 IN WRIT APPEAL NO.50580/2012 (GM-CPC) BETWEEN: 1. Md Ghousuddin S/o Late Jalauddin, Age: 31 years, Occ: Mechanic. 2. Md Naseeruddin S/o late Md Jalaluddin, Age: 27 years, Occ: Electrician. Both represented by GPA holder Md Galib Pasha S/o Abdul Kareem, Age: 60 years, Occ: business, R/o Yateem Khana Quarters, Behind Hotel Pariwar, Aiwan-e-Shahi Road, Gulbarga. .. PETITIONERS (By Sri N. Krishnacharya, Adv.)
2 AND: 1. The Chief Executive Officer, Karnataka State Board of Wakf, Darual Awakf, # 6 Cunningham Road Bangalore-560 053. 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-560 053. 4. The Regional Commissioner, Gulbarga Division, Mini Vidhana 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
3 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 585 102. 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-Ansarusffa R/o Khari Bowli Mominapur, Gulbarga-585 102.
4 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-585 102. 12. Md. Zaheb S/o Abdul sattar, Member managing committee for the Management of Yateem Khana R/o Rahamath Nagar, Gulbarga 585 102. 13. Qumarul Islam S/o Noorul Islam Member managing committee for the Management of Yateem Khana Anjmuman-e-Ansarussuffa & MLA R/o Noorul Islam Compound Opposite to Govt. Press, M.S.K. Mill Road, Gulbarga 585102. 14. Iqbal S/o Lal Ahmed Age: 60 years, Occ: business, Awia-e-Shahi opposite Masjid, Gulbarga 585 102. 15. Administrator, Yateem Khana Anjuman Ansarusuffa Sunni Station Road, Gulbarga Janab Syed Tayyab Ali Rtd., Deputy Director, Food and Civil Suplies, H.No.7-888, Naya Mohalla, Near Haj Committee, Gulbarga 585 104.
5 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-560 002. 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, III 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. 21. Dr. Mohammed Yousuf Mutawalli, R/o Masjid-e-Muzammil Trust Muzammil Masjid Road, Opposite HKDK College
6 Umarnagar, Bangalore 560 002. 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 Alhaz Noor Basha R/o Al Haj No.34, Ward NO.26 Yaseen Saudi Masjid Street Cowl Bazar Bellary 583 102. 25. Moulana N. K.M. Shafi Saddi Principal Secretary Saadiya Educational Foundation, Kadirenahalli Park B.S.K II Stage, Bangalore 560 070. 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. 28. Syed Tayyab Ali Retired Deputy Director of Food
7 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 Retried Asst. Executive Engineer R/o Beside Masjid Aiwan-e-Shahi Gulbarga 585 102. 31. Mohammed Hussain Siddqui 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 Review Petition is filed under Order 47 Rule 1 read with Section 14 of CPC praying to review the impugned order dated 17.10.2012 passed in Writ Appeal No.50580/2012. This Review Petition coming up for orders this day, the Court made the following.
8 O R D E R We do not find any ground to review the order dated 17th October 2012 passed in Writ Appeal No.50580/2012 (GM-CPC). The Writ Appeal is not maintainable against the order passed by the learned Single Judge in writ petition filed under Article-227 of the Constitution of India as held by the seven-Judge Bench of this Court in the case of TAMMANNA D. BATTAL & OTHERS –vs- MISS RENUKA R. REDDY & OTHERS – AIR 2009 KAR. 119. Hence the Review Petition fails and the same stands dismissed. Sd/- JUDGE Sd/- JUDGE Gss/-