Dismissed¶41

Jumma Masjid v. the State of Karnataka

Karnataka HC1 Sept 2025WA/100203/2025

Case brief

AI extract

What is this about?

WA No.100203 of 2025 (KLR-RR/SUR); NC: 2025:KHC-D:11120-DB; High Court of Karnataka, Dharwad Bench; Jumma Masjid, Kursapur Village v. State of Karnataka and others; writ appeal under S.4 Karnataka High Court Act, 1961 against order dated 05.12.2024 in W.P.No.107323/2024; memo for withdrawal; appeal dismissed as withdrawn with liberty to pursue writ petition/review petition; registry to return certified copy; no merits adjudicated; bench S. Sunil Dutt Yadav and Vijaykumar A. Patil JJ.

What did the court decide?

Appeal dismissed as withdrawn, with liberty to the appellant to seek appropriate relief by way of Writ Petition/Review Petition as regards the order passed in W.P.No.107323/2024; registry directed to return the certified copy of the order enclosed with the appeal papers after retaining a copy for reference. ¶41

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ appeal should be allowed so as to set aside the order dated 05.12.2024 in W.P.No.107323/2024 and consequently dismiss the writ petition filed by respondent Nos. 6 to 8 (issue as framed by the appellant's prayer; not adjudicated on merits as the appeal was withdrawn).

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Court's answer

In light of the memo for withdrawal, the writ appeal is dismissed as withdrawn, with liberty to the appellant to seek appropriate relief by way of Writ Petition/Review Petition as regards the order passed in W.P.No.107323/2024.

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Key takeaways

Consequential direction: in light of the observations made in WP No.107323/2024, the registry is directed to return the certified copy of the order enclosed with the appeal papers after retaining a copy for the purpose of reference.obiter¶42

Detailed headnote1 paragraphs

Writ Appeal No.100203 of 2025 (KLR-RR/SUR), High Court of Karnataka, Dharwad Bench (NC: 2025:KHC-D:11120-DB), decided 01.09.2025 by S. Sunil Dutt Yadav and Vijaykumar A. Patil JJ., per S. Sunil Dutt Yadav J. The appeal, filed under Section 4 of the Karnataka High Court Act, 1961 by Jumma Masjid, Kursapur Village (through its President/Mutavalli), sought to set aside the order dated 05.12.2024 of the learned Single Judge in W.P.No.107323/2024 (filed by respondent Nos. 6 to 8) and to have that writ petition dismissed. Before orders, a memo for withdrawal was filed praying liberty to seek appropriate relief by way of Writ Petition/Review Petition as regards the order in W.P.No.107323/2024. The Division Bench dismissed the appeal as withdrawn with liberty as prayed for, and directed the registry to return the certified copy of the single-judge order enclosed with the appeal papers after retaining a copy for reference. No issue on merits was adjudicated; no precedent was cited.

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NC: 2025:KHC-D:11120-DB WA No. 100203 of 2025

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HC-KAR

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

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

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AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO.100203 OF 2025 (KLR-RR/SUR)

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BETWEEN:

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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.

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…APPELLANT

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(BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE)

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AND:

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

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

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

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

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

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

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NC: 2025:KHC-D:11120-DB WA No. 100203 of 2025

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HC-KAR

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

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

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

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…RESPONDENTS

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

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THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT

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ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 05.12.2024 PASSED IN W.P.NO.107323/2024 PASSED BY THE

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LEARNED SINGLE JUDGE BY ALLOWING THIS WRIT APPEAL AND CONSEQUENTLY DISMISS WP NO.107323/2024 FILED BY THE RESPONDENT NO.6 TO 8, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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

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3 - NC: 2025:KHC-D:11120-DB WA No. 100203 of 2025

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HC-KAR

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ORAL ORDER

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

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Memo for withdrawal is filed which reads as hereunder;

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MEMO FOR WITHDRAWAL

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“ The Counsel for aforesaid appellant herein humbly prays to permit the appellant for the withdrawal of the instant petition with the liberty to seek appropriate relief by way of Writ Petition/Review Petition as regards the order passed in W.P.No.107323/2024.

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Hence, the memo.”

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In light of the same, the appeal is dismissed as withdrawn with liberty as prayed for.

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In light of the observations made in WP No.107323/2024, 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.

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Sd/(S.SUNIL DUTT YADAV) JUDGE

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Sd/(VIJAYKUMAR A.PATIL) JUDGE

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PJ, CT:VP LIST NO.: 3 SL NO.: 1

Jumma Masjid v. the State of Karnataka

Case brief

What is this about?

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Jumma Masjid v. the State of Karnataka

Case brief

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