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Jumma Masjid Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
Jumma Masjid Vs the State of KarnatakaJumma Masjid v. the State of Karnataka

Dismissed¶39

Jumma Masjid v. the State of Karnataka

Karnataka HC1 Sept 2025WA/100133/2025

Case brief

AI extract

What is this about?

Dismissal of writ appeal as withdrawn with liberty; Karnataka High Court, Dharwad Bench; WA No. 100133 of 2025 (KLR-RR/SUR); Section 4, Karnataka High Court Act, 1961; challenge to order dated 05.12.2024 of learned Single Judge in W.P.No.107324/2024 filed by respondent Nos.6 to 8 (Badshah Aga, Hazarat Aga, Hasan Aga s/o Rehman Aga Patil); parties include State of Karnataka Department of Revenue, Deputy Commissioner Haveri, Assistant Commissioner Savanur, Tahsildar Shiggaon, Karnataka State Board of Wakf; appellant Jumma Masjid, Kursapur Village (President/Mutavalli Goususab); memo for withdrawal; liberty for fresh Writ Petition/Review Petition; registry to return certified copy of single-judge order retaining copy for reference; advocates: Vishwanath S. Bichagatti for appellant; V.S. Kalasurmath, AGA for R1 to R4; decided 01.09.2025; no precedent engaged.

What did the court decide?

Liberty to seek appropriate relief by way of Writ Petition/Review Petition as regards the order passed in W.P.No.107324/2024.

Why is it important?

The writ appeal is dismissed as withdrawn, with liberty as prayed for in the appellant's memo for withdrawal. ¶40

What the court decided

AI extract

Outcome

Liberty to seek appropriate relief by way of Writ Petition/Review Petition as regards the order passed in W.P.No.107324/2024.

Ratio / Principle

The writ appeal is dismissed as withdrawn, with liberty as prayed for in the appellant's memo for withdrawal.

Key takeaways

In light of the observations made in WP No.107324/2024, the registry is directed to return the certified copy of that order enclosed with the appeal papers after retaining a copy for the purpose of reference.obiter¶41

Detailed headnote1 paragraphs

Writ Appeal No. 100133 of 2025 (KLR-RR/SUR) — Jumma Masjid, Kursapur Village, rep. by its President/Mutavalli Goususab s/o Modinasab Mohammedsabnavar v. State of Karnataka (Dept. of Revenue) and others including the Karnataka State Board of Wakf and respondent Nos.6–8 — Oral order dated 01.09.2025, Division Bench, High Court of Karnataka, Dharwad Bench (S. Sunil Dutt Yadav and Vijaykumar A. Patil, JJ.; order per S. Sunil Dutt Yadav, J.). The appeal, instituted under Section 4 of the Karnataka High Court Act, 1961 to set aside the order dated 05.12.2024 of the learned Single Judge in W.P.No.107324/2024 (a petition filed by respondent Nos.6 to 8), was not adjudicated on merits: on the appellant's memo for withdrawal filed at the preliminary hearing seeking liberty to seek appropriate relief by way of Writ Petition/Review Petition as regards that order, the appeal was dismissed as withdrawn with liberty as prayed for. The registry was further directed, in light of the observations in W.P.No.107324/2024, to return the certified copy of that order enclosed with the appeal papers after retaining a copy for reference. No legal issue was decided and no precedent was cited.

A

1 -

NC: 2025:KHC-D:11121-DB WA No. 100133 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1^ST DAY OF SEPTEMBER, 2025 PRESENT

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

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

WRIT APPEAL NO. 100133 OF 2025 (KLR-RR/SUR)

BETWEEN:

JUMMA MASJID, KURSAPUR VILLAGE, R/BY ITS PRESIDENT/MUTAVALLI, GOUSUSAB S/O MODINASAB MOHAMMEDSABNAVAR, AGE. 50 YEARS, OCC. AGRICULTURE, R/O. KURASAPUR VILLAGE, PO. BANKAPUR, TQ. SHIGGAON, DIST. HAVERI-581110.

…APPELLANT

(BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE)

AND:

Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench

THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU- 560001.

THE DEPUTY COMMISSIONER, HAVERI, DIST. HAVERI- 581110.

THE ASSISTANT COMMISSIONER, SAVANUR, TQ. SAVANUR, DIST. HAVERI- 581110.

THE TAHSILDAR, TQ. SHIGGAON, DIST. HAVERI- 581110.

2 - NC: 2025:KHC-D:11121-DB WA No. 100133 of 2025

HC-KAR

KARNATAKA STATE BOARD OF WAKF, R/BY ITS CHIEF EXECUTIVE OFFICER, CUNNINHAGAM ROAD, BENGALURU- 560001.

BADSHAH AGA S/O REHMAN AGA PATIL AGE. 46 YEARS, OCC. AGRICULTURE, R/O. BANKAPUR VILLAGE, TQ. SHIGGAON, DIST. HAVERI- 581110.

HAZARAT AGA S/O REHMAN AGA PATIL AGE. 38 YEARS, OCC. AGRICULTURE, R/O. BANKAPUR VILLAGE, TQ. SHIGGAON, DIST. HAVERI- 581110.

HASAN AGA S/O REHMAN AGA PATIL AGE. 46 YEARS, OCC. AGRICULTURE, R/O. BANKAPUR VILLAGE, TQ. SHIGGAON, DIST. HAVERI- 581110.

…RESPONDENTS

(BY SRI. V.S. KALASURMATH, AGA FOR R1 TO R4)

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 05.12.2024 PASSED IN W.P.NO.107324/2024 PASSED BY THE LEARNED SINGLE JUDGE BY ALLOWING THIS WRIT APPEAL AND CONSEQUENTLY DISMISS WP NO.107324/2024 FILED BY THE RESPONDENT NO.6 TO 8, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

3 -

NC: 2025:KHC-D:11121-DB WA No. 100133 of 2025

HC-KAR

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)

Memo for withdrawal is filed which reads as hereunder;

MEMO FOR WITHDRAWAL

“ The Appellant herein humbly prays to permit the appellant for the withdrawal of the instant appeal with the liberty to seek appropriate relief by way of Writ Petition/Review Petition as regards the order passed in W.P.No.107324/2024.

Hence, the memo.”

In light of the same, the appeal is dismissed as

withdrawn with liberty as prayed for.

In light of the observations made in WP No.107324/2024, registry is directed to return the certified copy of the order enclosed along with the appeal papers after retaining copy for the purpose of reference.

Sd/(S.SUNIL DUTT YADAV) JUDGE

Sd/(VIJAYKUMAR A.PATIL) JUDGE

PJ, CT:VP LIST NO.: 1 SL NO.: 7

Statutes considered

1 provisions across 1 enactments

AI extract

Karnataka High Court Act, 1961Section 4¶27

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 05.12.2024 in W.P.No.107324/2024 passed by the learned Single Judge, challenged in this writ appeal.¶27
Learned Single Judge, High Court of Karnataka · 05.12.2024
Prior proceeding
W.P.No.107324/2024 was filed by respondent Nos.6 to 8; the appellant sought dismissal of that writ petition consequent upon setting aside its order.¶27
Prior proceeding
At the preliminary hearing, the appellant filed a memo for withdrawal of the appeal seeking liberty to pursue appropriate relief by way of Writ Petition/Review Petition as regards the order passed in W.P.No.107324/2024.¶35

Parties & counsel

AI extract

appellant
JUMMA MASJID, KURSAPUR VILLAGE, R/BY ITS PRESIDENT/MUTAVALLI, GOUSUSAB S/O MODINASAB MOHAMMEDSABNAVAR¶10
VISHWANATH S. BICHAGATTI
respondent
THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU- 560001.¶15
V.S. KALASURMATH
respondent
THE DEPUTY COMMISSIONER, HAVERI, DIST. HAVERI- 581110.¶16
V.S. KALASURMATH
respondent
THE ASSISTANT COMMISSIONER, SAVANUR, TQ. SAVANUR, DIST. HAVERI- 581110.¶17
V.S. KALASURMATH
respondent
THE TAHSILDAR, TQ. SHIGGAON, DIST. HAVERI- 581110.¶18
V.S. KALASURMATH
respondent
KARNATAKA STATE BOARD OF WAKF, R/BY ITS CHIEF EXECUTIVE OFFICER, CUNNINHAGAM ROAD, BENGALURU- 560001.¶21
respondent
BADSHAH AGA S/O REHMAN AGA PATIL¶22
respondent
HAZARAT AGA S/O REHMAN AGA PATIL¶23
respondent
HASAN AGA S/O REHMAN AGA PATIL¶24

Coram

AI extract

S.SUNIL DUTT YADAVauthor¶34
VIJAYKUMAR A.PATILmember¶29

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 1 Sept 2025 · September
Registered: 5 Mar 2025
Case no.: WA/100133/2025
CNR: KAHC020046002025
Bench: S.sunil Dutt Yadav Vijaykumar A.patil
Disposal: DISMISSED
Case type: WRIT APPEAL

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Cite this judgement

Jumma Masjid v. the State of Karnataka, WA/100133/2025 (KA), decided on 1 September 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Karnataka High Court Act, 1961Section 4

View all statutes

Procedural history3

Order dated 05.12.2024 in W.P.No.107324/2024 passed by the learned Single Judge, challenged in this writ appeal.Learned Single Judge, High Court of Karnataka · 05.12.2024
W.P.No.107324/2024 was filed by respondent Nos.6 to 8; the appellant sought dismissal of that writ petition consequent upon setting aside its order.
At the preliminary hearing, the appellant filed a memo for withdrawal of the appeal seeking liberty to pursue appropriate relief by way of Writ Petition/Review Petition as regards the order passed in W.P.No.107324/2024.

View full history

Bench / Coram

S.SUNIL DUTT YADAV and VIJAYKUMAR A.PATIL

Parties & counsel