Petitioners challenged a Wakf Gazette notification dated 05.12.2014 under Articles 226 and 227. The court held the petitioners had pleaded no individual rights in the property or infringement of fundamental rights, so the writ petition was not maintainable and was dismissed.
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NC: 2024:KHC:36416 WP No. 15237 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 15237 OF 2015 (GM-WAKF)
BETWEEN:
#53, NAYAKARA BEEDI, NAGARLE NANJANGUD TALUK, MYSORE DISTRICT.
S/O MALIGANAIKA, AGED ABOUT 56 YEARS, R/OF NAYAKARA BEEDI, NAGARLE NANJANGUD TALUK, MYSORE DISTRICT.
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
S/O MALIGANAIKA, AGED ABOUT 37 YEARS, R/OF NAYAKARA BEEDI, NAGARLE NANJANGUD TALUK, MYSORE DISTRICT.
AGED ABOUT 50 YEARS, R/OF NAYAKARA BEEDI, NAGARLE NANJANGUD TALUK, MYSORE DISTRICT.
…PETITIONERS
(BY SRI. GAGANA K.D., ADVCOATE FOR SRI. SRIDHAR A.G., ADVOCATE)
AND:
M.S. BUILDING DR. AMBEDKAR VEEDHI, BANGALORE – 560 001.
…RESPONDENTS
(BY SRI. S.H. RAGHAVENDRA, AGA FOR R1, R2, R4 & R5, SMT. SWATHI ASHOK, ADVCOATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GAZETTE NOTIFICATION AT ANNEXURE-D DATED 05.12.2014, VIDE No.KSBW/MSC/02/MYS/2014-15 & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
The present petition with the following prayers:-
"1. A Writ in the nature of Certiorari, quashing the Impugned Gazette Notification at Annexure-D , dated 05.12.2014, vide No. KSBW/MSC/02/ MYS/2014-15.
NC: 2024:KHC:36416 WP No. 15237 of 2015
2. Grant such other writ, order or directions as this Hon'ble Court deems fit under the facts and circumstances of the case: in the interest of justice and equity.”
notification in question i.e., Annexure-D dated 05.12.2014,
have not pleaded any individual rights in the property which is the subject matter of the impugned notification. The pleadings do not indicate any infringement of any fundamental rights of the petitioners herein.
not maintainable in the present form.
Accordingly, writ petition is dismissed .
Sd/(K. V. ARAVIND) JUDGE
CR
List No.: 1 Sl No.: 5
1 issue framed by the court
Is a writ petition maintainable challenging a Gazette notification without pleading any individual rights in the property or infringement of fundamental rights?
2 provisions across 1 enactments
Sri N.N. Prakash
Sri N.M. Eranna
Sri Revanna
Sri Maliganaika
Sri Eranna
State of Karnataka
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
