Shri.Arun S/O Shetuppa Patil Vs the Karnataka State Board of Wakfs (Auqaf)

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NC: 2024:KHC-D:2704 WP No. 101655/2018 C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101655 OF 2018 (GM-WAKF)

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C/W

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WRIT PETITION NO. 101656 OF 2018 WRIT PETITION NO. 101657 OF 2018 WRIT PETITION NO. 101658 OF 2018 WRIT PETITION NO. 101659 OF 2018 WRIT PETITION NO. 101661 OF 2018 WRIT PETITION NO. 101667 OF 2018 WRIT PETITION NO. 101668 OF 2018 WRIT PETITION NO. 101669 OF 2018 WRIT PETITION NO. 101670 OF 2018 WRIT PETITION NO. 101671 OF 2018 WRIT PETITION NO. 101672 OF 2018 WRIT PETITION NO. 101673 OF 2018

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YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR

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IN W.P.NO.101655/2018 BETWEEN:

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SMT. NIKITHA W/O. ANANT PATIL, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O: RS. NO.8, VISHNU GALLI, VADAGAON, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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AND:

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THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS

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CHIEF EXECUTIVE OFFICER.

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NC: 2024:KHC-D:2704

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WP No. 101655/2018

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C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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THE ENQUIRY OFFICER, THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGLAURU-560052.

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NIZAMUDDIN SAHIB DARGAH SUNNI, VISHNU GALLI, VADAGAON, BELAGAVI-590001, REPRESENTED BY ITS TRUSTEE.

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THE WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, ANJUMAN BUILDING, NEAR COURT COMPOUND, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI. B. MUHAMMAD ALI, ADV. FOR R1-R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN ENQ/35/ BGM/2013-14 PENDING ON THE FILE OF THE ENQUIRY OFFICER, KARNATAKA STATE BOARD OF WAKFS, THE RESPONDENT NO.2 AT ANNEXURE-"G" HEREIN.

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IN W.P.NO.101656/2018

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BETWEEN:

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SMT. WAHIDA W/O. ASLAM MULLA, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O: RS. NO.8, VISHNU GALLI, VADAGAON, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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AND:

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THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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THE ENQUIRY OFFICER, THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD,

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NC: 2024:KHC-D:2704 WP No. 101655/2018

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C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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BENGLAURU-560052.

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NIZAMUDDIN SAHIB DARGAH SUNNI, VISHNU GALLI, VADAGAON, BELAGAVI-590001, REPRESENTED BY ITS TRUSTEE.

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THE WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, ANJUMAN BUILDING, NEAR COURT COMPOUND, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI. B. MUHAMMAD ALI, ADV. FOR R1-R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN ENQ/40/ BGM/2013-14 PENDING ON THE FILE OF THE ENQUIRY OFFICER, KARNATAKA STATE BOARD OF WAKFS, THE RESPONDENT NO.2 AT ANNEXURE-"G" HEREIN.

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IN W.P.NO.101657/2018

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BETWEEN:

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SHRI ABDUL GAFFUR S/O. ABDUL SATTAR SHAIKH, AGE: 51 YEARS, OCC: BUSINESS, R/O: RS. NO.8, VISHNU GALLI, VADAGAON, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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AND:

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THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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THE ENQUIRY OFFICER, THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGLAURU-560052.

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NIZAMUDDIN SAHIB DARGAH SUNNI, VISHNU GALLI, VADAGAON,

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NC: 2024:KHC-D:2704 WP No. 101655/2018

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C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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BELAGAVI-590001, REPRESENTED BY ITS TRUSTEE.

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THE WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, ANJUMAN BUILDING, NEAR COURT COMPOUND, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI. B. MUHAMMAD ALI, ADV. FOR R1-R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN ENQ/39/ BGM/2013-14 PENDING ON THE FILE OF THE ENQUIRY OFFICER, KARNATAKA STATE BOARD OF WAKFS, THE RESPONDENT NO.2 AT ANNEXURE-"G" HEREIN.

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IN W.P.NO.101658/2018

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BETWEEN:

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SHRI ASHOK ISHWARAPPA UDANUR, AGE: 52 YEARS, OCC: BUSINESS, R/O: RS. NO.8, VISHNU GALLI, VADAGAON, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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AND:

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THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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THE ENQUIRY OFFICER & CHIEF EXECUTIVE OFFICER, THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGLAURU-560052.

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NIZAMUDDIN SAHIB DARGAH SUNNI, VISHNU GALLI, VADAGAON, BELAGAVI-590001, REPRESENTED BY ITS TRUSTEE.

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THE WAKF OFFICER,

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NC: 2024:KHC-D:2704 WP No. 101655/2018 C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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DISTRICT WAKF ADVISORY COMMITTEE, ANJUMAN BUILDING, NEAR COURT COMPOUND, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI. B. MUHAMMAD ALI, ADV. FOR R1-R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN ENQ/42/ BGM/2013-14 PENDING ON THE FILE OF THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKFS, THE RESPONDENT NO.2 AT ANNEXURE-"G" HEREIN.

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IN W.P.NO.101659/2018

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BETWEEN:

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SHRI ARUN S/O. SHETUPPA PATIL, AGE: 52 YEARS, OCC: BUSINESS, R/O: RS. NO.8, VISHNU GALLI, VADAGAON, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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AND:

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THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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THE ENQUIRY OFFICER & CHIEF EXECUTIVE OFFICER, THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGLAURU-560052.

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NIZAMUDDIN SAHIB DARGAH SUNNI, VISHNU GALLI, VADAGAON, BELAGAVI-590001, REPRESENTED BY ITS TRUSTEE.

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THE WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, ANJUMAN BUILDING, NEAR COURT COMPOUND, BELAGAVI-590001.

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NC: 2024:KHC-D:2704 WP No. 101655/2018 C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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…RESPONDENTS

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(BY SRI. B. MUHAMMAD ALI, ADV. FOR R1-R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN ENQ/43/ BGM/2013-14 ANNEXURE-"G" PENDING ON THE FILE OF THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKFS, THE RESPONDENT NO.2 HEREIN.

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IN W.P.NO.101661/2018

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BETWEEN:

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SHRI NIZAMUDDIN S/O. DASTAGIRSAB SANADI, AGE: 55 YEARS, OCC: BUSINESS, R/O: RS. NO.8, VISHNU GALLI, VADAGAON, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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AND:

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THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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THE ENQUIRY OFFICER & CHIEF EXECUTIVE OFFICER, THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGLAURU-560052.

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NIZAMUDDIN SAHIB DARGAH SUNNI, VISHNU GALLI, VADAGAON, BELAGAVI-590001, REPRESENTED BY ITS TRUSTEE.

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THE WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, ANJUMAN BUILDING, NEAR COURT COMPOUND, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI. B. MUHAMMAD ALI, ADV. FOR R1-R4)

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NC: 2024:KHC-D:2704 WP No. 101655/2018

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C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN ENQ/36/ BGM/2013-14 PENDING ON THE FILE OF THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKFS, THE RESPONDENT NO.2 HEREIN ANNEXURE-G.

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IN W.P.NO.101667/2018

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BETWEEN:

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SHRI MUZIFAHMED S/O. HAZRATSAB SHAIFF, AGE: 41 YEARS, OCC: BUSINESS, R/O: RS. NO.8, VISHNU GALLI, VADAGAON, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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AND:

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THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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THE ENQUIRY OFFICER & CHIEF EXECUTIVE OFFICER, THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGLAURU-560052.

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NIZAMUDDIN SAHIB DARGAH SUNNI, VISHNU GALLI, VADAGAON, BELAGAVI-590001, REPRESENTED BY ITS TRUSTEE.

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THE WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, ANJUMAN BUILDING, NEAR COURT COMPOUND, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI. B. MUHAMMAD ALI, ADV. FOR R1-R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN ENQ/41/ BGM/2013-14 ANNEXURE-G PENDING ON THE FILE OF THE ENQUIRY

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NC: 2024:KHC-D:2704 WP No. 101655/2018

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C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKFS, THE RESPONDENT NO.2 HEREIN.

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IN W.P.NO.101668/2018

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BETWEEN:

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SHRI ASLAM S/O. GOUSE MOHIDDIN MADIWAL, AGE: 58 YEARS, OCC: TAILOR, R/O: RS. NO.8, VISHNU GALLI, VADAGAON, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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AND:

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THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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THE ENQUIRY OFFICER & CHIEF EXECUTIVE OFFICER, THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGLAURU-560052.

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NIZAMUDDIN SAHIB DARGAH SUNNI, VISHNU GALLI, VADAGAON, BELAGAVI-590001, REPRESENTED BY ITS TRUSTEE.

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THE WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, ANJUMAN BUILDING, NEAR COURT COMPOUND, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI. B. MUHAMMAD ALI, ADV. FOR R1-R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN ENQ/46/ BGM/2013-14 PENDING ON THE FILE OF THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKFS ANNEXURE-G, THE RESPONDENT NO.2 HEREIN.

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NC: 2024:KHC-D:2704

¶139

WP No. 101655/2018 C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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IN W.P.NO.101669/2018

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BETWEEN:

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SHRI MOHAMMAD ASLAM S/O. AHMEDSAB BEPARI, AGE: 53 YEARS, OCC: TAILOR, R/O: RS. NO.8, VISHNU GALLI, VADAGAON, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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AND:

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THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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THE ENQUIRY OFFICER & CHIEF EXECUTIVE OFFICER, THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGLAURU-560052.

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NIZAMUDDIN SAHIB DARGAH SUNNI, VISHNU GALLI, VADAGAON, BELAGAVI-590001, REPRESENTED BY ITS TRUSTEE.

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THE WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, ANJUMAN BUILDING, NEAR COURT COMPOUND, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI. B. MUHAMMAD ALI, ADV. FOR R1-R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN ENQ/49/ BGM/2013-14 PENDING ON THE FILE OF THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKFS ANNEXURE-G, THE RESPONDENT NO.2 HEREIN.

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IN W.P.NO.101670/2018

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BETWEEN:

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SHRI NIZAMUDDIN S/O. DASTAGIRSAB SANADI,

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NC: 2024:KHC-D:2704

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WP No. 101655/2018

¶159

C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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AGE: 65 YEARS, OCC: BUSINESS, R/O: RS. NO.8, VISHNU GALLI, VADAGAON, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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AND:

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THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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THE ENQUIRY OFFICER, THE KARNATAKA STATE BOARD OF WAKFS (AUQAF),

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#6, CUNNINGHAM ROAD, BENGLAURU-560052.

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NIZAMUDDIN SAHIB DARGAH SUNNI, VISHNU GALLI, VADAGAON, BELAGAVI-590001, REPRESENTED BY ITS TRUSTEE.

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THE WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, ANJUMAN BUILDING, NEAR COURT COMPOUND, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI. B. MUHAMMAD ALI, ADV. FOR R1-R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN ENQ/48/ BGM/2013-14 PENDING ON THE FILE OF THE ENQUIRY OFFICER, KARNATAKA STATE BOARD OF WAKFS, THE RESPONDENT NO.2 AT ANNEXURE-G HEREIN.

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IN W.P.NO.101671/2018

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BETWEEN:

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SMT. RUKASANA W/O. AYUB HAJARATHAWALE, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O: RS. NO.8, VISHNU GALLI, VADAGAON, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

¶177

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¶178

NC: 2024:KHC-D:2704

¶179

WP No. 101655/2018 C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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AND:

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THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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THE ENQUIRY OFFICER, THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGLAURU-560052.

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NIZAMUDDIN SAHIB DARGAH SUNNI, VISHNU GALLI, VADAGAON, BELAGAVI-590001, REPRESENTED BY ITS TRUSTEE.

¶184

THE WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, ANJUMAN BUILDING, NEAR COURT COMPOUND, BELAGAVI-590001.

¶185

…RESPONDENTS

¶186

(BY SRI. B. MUHAMMAD ALI, ADV. FOR R1-R4)

¶187

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN ENQ/47/ BGM/2013-14 PENDING ON THE FILE OF THE ENQUIRY OFFICER, KARNATAKA STATE BOARD OF WAKFS, THE RESPONDENT NO.2 HEREIN AT ANNEXURE-H.

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IN W.P.NO.101672/2018

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BETWEEN:

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SHRI. IBRAHIMSAB S/O. HASANSAB SANADI, AGE: 45 YEARS, OCC: CARPENTER, R/O: RS. NO.8, VISHNU GALLI, VADAGAON, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

¶193

AND:

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THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

¶195

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¶196

NC: 2024:KHC-D:2704 WP No. 101655/2018 C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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THE ENQUIRY OFFICER & CHIEF EXECUTIVE OFFICER, THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGLAURU-560052.

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NIZAMUDDIN SAHIB DARGAH SUNNI, VISHNU GALLI, VADAGAON, BELAGAVI-590001, REPRESENTED BY ITS TRUSTEE.

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THE WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, ANJUMAN BUILDING, NEAR COURT COMPOUND, BELAGAVI-590001.

¶200

…RESPONDENTS

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(BY SRI. B. MUHAMMAD ALI, ADV. FOR R1-R4)

¶202

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN ENQ/33/ BGM/2013-14 ANNEXURE-G PENDING ON THE FILE OF THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKFS, THE RESPONDENT NO.2 HEREIN.

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IN W.P.NO.101673/2018

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BETWEEN:

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SHRI. ROSHAN ZAMEER S/O. GAUSMODDIN DESAI, AGE: 38 YEARS, OCC: FABRICATOR, R/O: RS. NO.8, VISHNU GALLI, VADAGAON, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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AND:

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THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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THE ENQUIRY OFFICER & CHIEF EXECUTIVE OFFICER, THE KARNATAKA STATE BOARD OF WAKFS (AUQAF), #6, CUNNINGHAM ROAD, BENGLAURU-560052.

¶211

13 -

¶212

NC: 2024:KHC-D:2704 WP No. 101655/2018

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C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

¶214

NIZAMUDDIN SAHIB DARGAH SUNNI, VISHNU GALLI, VADAGAON, BELAGAVI-590001, REPRESENTED BY ITS TRUSTEE.

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THE WAKF OFFICER, DISTRICT WAKF ADVISORY COMMITTEE, ANJUMAN BUILDING, NEAR COURT COMPOUND, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI. B. MUHAMMAD ALI, ADV. FOR R1-R4)

¶218

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN ENQ/32/ BGM/2013-14 PENDING ON THE FILE OF THE ENQUIRY OFFICER AND CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKFS, ANNEXURE-G THE RESPONDENT NO.2 HEREIN.

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

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ORDER

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In all the above matters, the petitioners are before this Court challenging the enquiry notices issued by the Enquiry Officer, the Karnataka Board of Waqfs i.e. respondent No.2.

¶222

The enquiry notices have been issued to the petitioners claiming that the property is a waqf property. The petitioners, however, claim that the properties belong to

¶223

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¶224

NC: 2024:KHC-D:2704 WP No. 101655/2018 C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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one Shetuppa Patil, who had filed Form No.7 in pursuance to the Amendment to the Land Reforms Act, 1974 and the said Shetuppa Patil was granted occupancy rights under whom the petitioners claimed to be licencees.

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These aspects, in my considered opinion, would have to be taken into consideration, examined by the Enquiry Officer, to ascertain the veracity of the said documents and the rights of the parties. The Enquiry Officer, after enquiry, would have to ascertain if the property firstly is a waqf property and thereafter ascertain if the rights claimed by the petitioners are valid or not. This court cannot, in a writ petition, adjudicate these disputes relating to title of the property. In that view of the matter, all the above petitions are disposed with a direction to the Enquiry Officer to dispose the proceedings before him within a period of six months from the date of receipt of certified copy of this order.

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All contentions are left open.

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¶229

NC: 2024:KHC-D:2704 WP No. 101655/2018 C/W WP No. 101656/2018, WP No. 101657/2018, WP No. 101658/2018, WP No. 101659/2018, WP No. 101661/2018, WP No. 101667/2018, WP No. 101668/2018, WP No. 101669/2018, WP No. 101670/2018, WP No. 101671/2018, WP No. 101672/2018 & WP No. 101673/2018

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It is made clear that this Court has not expressed any opinion on the rights of either of the parties and the same would have to be decided after enquiry being carried out in accordance with law.

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In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

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Sd/JUDGE

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YAN, List No.: 1 Sl No.: 24

Shri.Arun S/O Shetuppa Patil v. the Karnataka State Board of Wakfs (Auqaf)

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Shri.Arun S/O Shetuppa Patil v. the Karnataka State Board of Wakfs (Auqaf)

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