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

1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH, GULBARGA DATED THIS THE 21ST DAY OF SEPTEMBER, 2012 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION No.85575/2012 (GM-CPC) BETWEEN: 1. MD.GHOUSUDDIN S/O LATE JALAUDDIN AGE:31 YEARS, OCC:MECHANIC 2. MD.NASEERUDDIN S/O LATE MD JALAUDDIN AGE:27 YEARS, OCC:ELECTRICIAN BOTH 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 …PETITIONERS (BY SRI:N KRISHNACHARYA, ADVOCATE) 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

2 DISTRICT WAKF BOARD MADINA BUILDING CENTRAL KAMAT HOTEL MAIN ROAD, GULBAGA – 585 102 REP 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 MAHEBOOD 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 OPP 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-ANSARUSUFFA UPPER LANE, STATION BAZAR GULBARGA – 585 102 8. SYED ZAHEB HUSSAIN S/O ISMAIL HUSSAINI

3 MEMNER MANAGEMENT COMMITTEE FOR THE MANAGEMENT OF YATEEM KHANA ANJUMAN-E-ANSARUSUFFA R/O VIDYA NAGAR M S K MILL OAD 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 OPP TO GOVT PRESS, M S K MILL ROAD, GULBARGA – 585 102 10. MD.AFIQ S/O MD IBRAHIM PATVEGAR MEMBER MANAGING COMMITTEE FOR THE MANAGEMENT OF YATEEM KHANA ANJUMAN-E-ANSARUSUFFA R/O KHARI BOWLI MOMINAPUR 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 MANAGFEMENT 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 ANJUMAN-E-ANSARUSUFFA

4 R/O NOORUL ISLAM COMPOUND OPP TO GOVT PRESS MSK MILL ROAD GULBARGA – 585 102 14. IQBAL S/O LAL AHMED AGE:60 YEARS OCC:BUSINESS AWIA-E-SHAHI OPP:MASJID GULBARGA – 585 102 15. ADMINISTRATO 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 – 585 104 16. THE KARNATAKA WAKF BOAD THROUGH CHAIRMAN R ABDUL RIYAZ KAHN 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 AHMAN KHANA S/O K KHASIM KHAN R/O 200/C, IIIRD BLOCK 7TH MAIN JAYANAGAR BANGALORE – 560 010 19. SRI.QAMARUL ISLAM

5 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 OAD OPP HKDK COLLEGE UMARNAGA, BANGALORE – 560 002 22. SRI.SYED SHAHAH KHSRU HUSSAINI MUTAWALLI R/O DODI DAGA KHAJA BANDENAWAZ RAUZA-BUZRUG GULBARGA – 585 104 23. SRI.YENOPIYA MOHAMMED KUNNI SECRETARY R/O YENOPIYA EDUCATION INSTITUTIONS YENOPIYA UNIVESITY DEVARALA KATTE MANGALURU 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 EDICAITONAL FOUNDATION KADIRENAHALLI PARK B S K IIND STAGE, BANGALORE – 560 070 26. MOULANA SYED MOHAMMED IBRAHIM R/O NO.15, HOSUR ROAD, RICHMOND TOWN BANGALORE – 560 025

6 27. SRI.H S ISMATHULLA KHAN ADDL. COMMISSIONER COMMERCIAL TAX DEPARTMENT R/O NO.120, 30TH A CROSS EAST END MAIN ROAD JAYANAGAR 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 RETIED INCOME TAX OFFICER KHAJA COLONY GULBARGA – 585 104 30. MOHAMMED IKAMUDDIN RETIRED ASST. EXECUTIVE ENGINEER R/O BESIDE MASJID AIWAN-E-SHAHI GULBARGA – 585 102 31. MOHAMMED HUSSIAN 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 (BY SRI:MANVENDA REDDY, GA FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASHING THE IMPUGNED ODER OF ANNEXURE-E PASSED BY THE KARNATAKA WAKF TRIBUNAL, GULBARGA IN OS NO.2/2010 DATED 14.09.2012 AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

7 ORDER Petitioners have called in question order dated 14.09.2012 passed in O.S.No.2/2010 by Karnataka Wakf Tribunal, Gulbarga dismissing I.A.No.61 filed under Section 149 CPC read with Section 20 of Karnataka Court Fees and Suit Valuation Act, 1956 (hereinafter referred to as ‘the Act’) and Section 151 CPC seeking permission to pay Court fee after adjudication of the suit. 2 Heard Sri Krishnacharya, learned Advocate appearing for petitioners and Sri Manvendra Reddy, learned Government Advocate appearing for respondent No.4. 3 Suit for declaration and injunction was filed by petitioners and on account of improper valuation of properties, same was valued through Assistant Executive Engineer, PWD & IWT which was accepted by

8 Tribunal and plaintiffs have filed I.A.No.61 under Section 149 and 151 CPC read with Section 20 Karnataka Court Fee and Suit Valuation Act seeking extension of time to pay Ad valorem court fee of `5,50,000/- in respect of property described in para 12(A) of the plaint and Court fee determined at `50,00,000/- in respect of property described in para 12(B) of the plaint on the ground that plaintiffs are unable to pay Court fee and also contending that plaintiffs do not possess any other properties for payment of Court fee. This application has been rejected since plaintiffs did not make out a case for grant of extension of time or deferment of payment of Court fee. 4 Sri Krishnacharya, learned counsel appearing for petitioners would rely upon judgment in the case of DEVAKKA vs VEERAPPA VEERABASAPPA PALLED (ILR 1986 KAR. 1701) whereunder this Court affirmed order

9 of trial Court according permission to pay Court fee after preliminary decree. In the said case, it was a suit for partition. Parties were assured of their shares. Thus, revenue of Government was also secured. In this background, order of trial court came to be confirmed. In the present case, petitioners themselves admit that they do not own any other properties and admittedly suit in question was filed by valuating the same under Section 24(d) of the Act and as such, they were required to pay Court fee on the market value of suit properties as determined by Court below which is at ` 5,50,000/-. In that view of the matter, I do not find any good ground to interfere with order of Tribunal rejecting prayer of plaintiffs to pay Court fee on conclusion of suit or at the time of drawing up of a decree. Hence, writ petition stands rejected. Petitioners are at liberty to make application for extension of time to pay Court fee seeking for reasonable time. If such application is filed, Tribunal

10 would be at liberty to consider same on merits and in accordance with law. Ordered accordingly. Sd/- JUDGE *sp