Dismissed

Shri.Rajendra S/O Shamaji @ Shyamrao Deshpande v. the Karnataka State Board of Auqaf

Karnataka HC20 Sept 2019WP/113413/2019

Case brief

AI extract

What is this about?

High Court of Karnataka held that alternative remedy exists under Section 83(2) of the Wakf Act to challenge the impugned certificate of registration. Petition disposed with liberty to approach appropriate tribunal.

What did the court decide?

Original copy of the impugned certificate returned to petitioner; interim direction not to precipitate proceedings for two weeks.

Shri.Rajendra S/O Shamaji @ Shyamrao Deshpande Vs the… — Property and Title | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF SEPTEMBER, 2019

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BEFORE

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THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV

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WRIT PETITION No.113413/2019 (GM-WAKF)

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BETWEEN:

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SHRI. RAJENDRA S/O SHAMAJI @ SHYAMRAO DESHPANDE, AGE:50 YEARS, OCC:AGRICULTURE, R/O HALE YARGUDRI, TQ:MUDALAGI, DIST:BELAGAVI.

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... PETITIONER

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(BY SRI.S.S. YADRAMI, ADVOCATE)

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AND:

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THE KARNATAKA STATE BOARD OF AUQAF, BENGALURU,

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BY ITS CHIEF EXECUTIVE OFFICER.

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BELAGAVI DISTRICT WAKF ADVISORY COMMITTEE BELAGAVI.

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KHABARASTHAN

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HALE YARGUDRI GRAMA GOKAK (MUDALAGI) TALUK BELAGAVI BY ITS ALLEGED PRESIDENT

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LALSAB HASANSAB NADAF AGE:60 YEARS, OCC:AGRICULTURE, R/O HALEYARGUDRI, TQ:MUDALAGI, DIST:BELAGAVI.

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THE DEPUTY COMMISSIONER BELAGAVI DISTRICT, BELAGAVI.

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ASSISTANT DIRECTOR OF LAND RECORDS BAILHONGAL.

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TAHSILDAR GOKAK/MUDALAGI.

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TALUK PANCHAYAT GOKAK EXECUTIVE OFFICER, GOKAK.

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GRAM PANCHAYAT AVARADI BY ITS PANCHAYAT DEVELOPMENT OFFICER, AVARADI, TQ:MUDALAGI.

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... RESPONDENTS

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(BY SRI.B. MUHAMMED ALI, ADV. FOR R1) (SRI. V.S. KALASURMATH, HCGP FOR R5 TO R7) NOTICE TO R2 TO R4, R7 & R9 DISPENSED WITH)

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING THIS COURT TO ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED CERTIFICATE OF REGISTRATION ISSUED BY 1^ST RESPONDENT BOARD BEARING NO.KSBA/REG/46/BGM/2018-19 DATED 10.04.2019 INSOFAR IT PERTAINS TO THE PARTICULARS OF WAKF PROPERTY SY.NO.74/4 OF HALYARGUDDI, AVARADI GRAM IN MUDALAGI TALUK MEASURING NORTH-SOUTH 200 FT. TOWARDS EAST 190 FT, TOWARDS WEST 160 FT INSOFAR IT RELATES TO PETITIONER’S LAND SY.NO.74/4 VIDE ANNEXURE-J AS ILLEGAL.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE FOLLOWING:

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ORDER

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The petitioner has challenged the Certificate of

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Registration dated 10.04.2019 contending that the description of the property notified, in effect includes the property belonging to him.

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It is noticed that under Section 83(2) of the

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Wakf Act, remedy is available to challenge any order made under the Act in accordance with procedure prescribed.

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In the light of availability of alternative

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remedy to seek for redressal of grievance as against the impugned order at Annexure-J, petition is disposed of reserving liberty to the petitioner to challenge the impugned order in accordance with law.

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Notice to respondents 2 to 4, respondent

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Nos.8 and 9 is dispensed with as no relief as such is being granted to the petitioner as regards the impugned order at Annexure-J and the matter is being relegated to

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the appropriate Tribunal without expressing any views

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on the merits of the order at Annexure-J.

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However, in the interregnum, respondent

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No.1 not to precipitate the matter for a period of two

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weeks from today. Original copy of Annexure-J be returned to the petitioner after retaining photostat copy of the same.

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Sd/JUDGE

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JTR

Shri.Rajendra S/O Shamaji @ Shyamrao Deshpande v. the Karnataka State Board of Auqaf

Case brief

What is this about?

What did the court decide?

Shri.Rajendra S/O Shamaji @ Shyamrao Deshpande v. the Karnataka State Board of Auqaf

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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