MD GOUSIDDIN S/O LATE JALALUDDIN AND ANR vs. THE CHIEF EXECUTIVE OFFICER AND ORS

1 WRIT APPEAL NO.50580/2012 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 17TH DAY OF OCTOBER 2012 PRESENT THE HON’BLE Dr. JUSTICE K.BHAKTHAVATSALA AND THE HON’BLE MR. JUSTICE C.R.KUMARASWAMY 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 ARE REP. 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. …APPELLANTS (By Sri.N.Krishnacharya, Adv.) AND: 1. THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKF, DARUAL AWAKF, NO.6, CUNNINGHAM ROAD, BANGALORE-560 053.

2 WRIT APPEAL NO.50580/2012 2. THE DISTRICT WAFK ADVISORY COMMITTEE DISTRICT WAKF BOARD, MADINA BUILDING, CENTRAL KAMAT HOTEL, MAIN ROAD, GULBARGA-585 102, REP. BY ITS ADMINISTRATOR 3. THE WAKF SECRETARIAT BOARD M.S.BUILDING, BANGALORE 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 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 BUS-STAND, M.S.K. MILL ROAD, GULBARGA-585 102. 7. MD. YASEEN S/O MD RAJA SAB MAJOR, MEMBER MANAGING COMMITTEE FOR THE MANAGEMENT OF YATEEMKHANA, ANJUMAN-E-ANSARUSUFFA UPPER LANE, STATION BAZAR, GULBARGA-585 102.

3 WRIT APPEAL NO.50580/2012 8. SYED ZAHEB HUSSAIN S/O ISMAIL HUSSAIN MAJOR, MEMBER MANAGING COMMITTEE FOR THE MANAGEMENT OF YATEEM KHANA, ANJUMAN-E-ANSARUSUFFA R/O VIDYA NAGAR, MSK MILL ROAD, GULBARGA-585 102. 9. SHAMSHUL ISLAM S/O NOORUL ISLAM MEMBER, MANAGING COMMITTEE FOR THE MANAGEMENT OF YATEEM KHANA, ANJUMAN-E-ANSARUSUFFA R/O NOORUL ISLAM COMPOUND, OPPOSITE TO GOVT, PRESS, MSK MILL ROAD, GULBARGA-585 102. 10.MD. RAFIQ S/O MD IBRAHIM PATVEGAR MEMBER, MANAGING COMMITTEE FOR THE MANAGEMENT OF YATEEM KHANA, ANJUMAN-E-ANSARUSUFFA R/O KHARI BOWLI MOMMINPUR GULBARGA-585 102. 11.KHURSHEED ALI MULLAN S/O AHMADSAB MULLAN MEMBER, MANAGING COMMITTEE FOR THE MANAGEMENT OF YATEEM KHANA, ANJUMAN-E-ANSARUSUFFA , 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 ILSLAM MEMBER, MANAGING COMMITTEE FOR THE MANAGEMENT OF YATEEM KHANA,

4 WRIT APPEAL NO.50580/2012 ANJUMAN-E-ANSARUSUFFA & MLA R/O NOORUL ISLAM COMPOUND, OPPOSITE TO GOVT PRESS, MSK MILL ROAD, GULBARGA-585 102. 14. IQBAL S/O LAL AHMED AGE: 60 YEARS, OCC: BUSINESS, AWIA-E-SHAHI OPPOSITE MADJID GULBARGA-585 102. 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 COMMITTE GULBARGA-585 104. 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-560 010. 19. SRI. QAMARUL ISLAM S/O NOORUL ISLAM R/O HOUSE NO.1864/5,

5 WRIT APPEAL NO.50580/2012 MSK MILL ROAD, STATION BAZAR, GULBARGA-585 101. 20. SRI. TANVEER SETH S/O LATE AZIZ SETH R/O NO.532, 9TH MAIN M.G. ROAD CROSS, UDYA GHL MYSORE 21. DR. MOHAMMED YOUSUF MUTAWALLI R/O MASJID-E-MUZAMMIL TRUST, MUZAMMIL MASJID ROAD, OPPOSITE HKDK COLELGE, 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. ALHAJ 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 STATE STAGE BANGALORE-560 070. 26. MOULNA SYED MOHAMMED IBRAHIM R/O NO.15, HOSUR ROAD,

6 WRIT APPEAL NO.50580/2012 RICHMOND TOWN BANGALORE-560 025. 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-560 004. 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 GUBLARGA-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 U/S. 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE SINGLE JUDGE DTD.21.9.12, IN W.P.NO.85574/2012(GM- CPC), AND SET-ASIDE THE ORDER PASSED BY KARNATAKA WAKF TRIBUNAL, GULBARGA IN O.S.NO.2/10, AS PER ANNEXURE-E, DTD.14.9.12, OR ISSUE DIRECTIONS TO THE TRIAL COURT IN O.S.NO.2/10, TO CONSIDER THE OBJECTIONS TO THE COMMISSIONER REPORT AND TO ALLOW THE APPELLANTS TO CROSS EXAMINE THE

7 WRIT APPEAL NO.50580/2012 COURT COMMISSIONER, IN RESPECT OF RE-SURVEY OF THE SUIT PROPERTY. This Writ Appeal coming on for admission, this day, Dr.Bhakthavatsala, J, delivered the following:- JUDGMENT This writ appeal is directed against the Order dated 21.09.2012 made in Writ Petition No.85574/2012 (GM-CPC) on the file of learned single Judge of this Court. As against the order made by learned single Judge in GM-CPC writ petition, writ appeal under Section 4 of Karnataka High Court Act, 1961, is not maintainable. 2. Therefore, Writ Appeal is dismissed as not maintainable. In view of dismissal of the writ appeal, I.A.I/12 for stay does not survive for consideration and the same is accordingly, disposed off. Sd/- JUDGE Sd/- JUDGE bnv*