IN THE HIGH COURT OF AT BANGALORE

Dated this the 30 th day of April, 2014

BEFORE:

THE HON’BLE MR JUSTICE K L MANJUNATH

Writ Petition No. 2862 of 2012 (GM-WAKF)

BETWEEN:

AKBAR SHARIEF S/O SRI AHMED AGED ABOUT 50 YEARS, R/AT NO. 8/115, CHOKKABETTU, KATIPALLA VILLAGE, TALUK, POST SURATKAL – 575 014 DAKSHINA DISTRICT ... PETITIONER

[By Sri C Gopalaswamy, Adv.]

AND:

1. THANNIRUBAVI MOHIYUDDIN JUMMA MASJID A WAKF GOVERNED BY THE WAKFS ACT, 1995, CHOKKABETTU, 8 TH BLOCK, MANGALORE TALUK POST SURATKAL – 575 014, DISTRICT REP. BY THE ALLEGED MANAGING COMMITTEE REP. BY THE ALLEGED PRESIDENT SRI. T. SIDDIQUE

2. THE KARNATAKA STATE BOARD OF WAKFS CUNNINGHAM ROAD,

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BANGALORE – 560 052 REP. BY ITS CHIEF EXECUTIVE OFFICER

3. T. SIDDIQUE S/O SRI ABDULLAH AGED ABOUT 68 YEARS, R/AT DOOR NO. 4, CHOKKABETTU, KRISHNAPURA, POST , MANGALORE.

4. HASANABBA (CHEYYANAKA) S/O SRI HUSSAIN MASTER AGED ABOUT 62 YEARS, R/AT DOOR NO. 6-30-2(4), CHOKKABETTU, KRISHNAPURA, POST SURATHKAL, MANGALORE.

5. HAJEE HAMEED POKABBA S/O SRI POKABBA AGED ABOUT 64 YEARS, R/AT DOOR NO. 38/8, KATIPALLA, POST SURATHKAL, MANGALORE.

6. ABDULLAH (BAVA) S/O SRI SHEKABBA AGED ABOUT 46 YEARS, 8TH BLOCK, KATIPALLA, POST SURATHKAL, MANGALORE.

7. SHAHUL HAMEED S/O SRI ABDUL KADER AGED ABOUT 38 YEARS, R/AT SITE NO. 131, 8TH BLOCK KATIPALLA, POST SURATHKAL, MANGALORE.

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8. S.M. EQBAL (EKKA) S/O SRI SAYYED AGED ABOUT 36 YEARS, R/AT G.L. 57, 8 TH BLOCK, KATIPALLA, POST SURATHKAL MANGALORE.

9. HAMZA SADHU S/O SRI SADHU AGED ABOUT 65 YEARS, R/AT G.L. 101-A, 8 TH BLOCK, KATIPALLA, POST SURATHKAL, MANGALORE.

10. ABDUL KAYYUM (AYUB) S/O SRI H.A. KADAR AGED ABOUT 59 YEARS, R/AT SITE NO. 92/B, 8TH BLOCK, KATIPALLA, POST SURATHKAL, MANGALORE.

11. SHERIF S/O SRI IDINABBA AGED ABOUT 36 YEARS, R/AT G.L. 8/44A, KATIPALLA, POST SURATHKAL MANGALORE.

12. NISSAR S/O SRI T. HASANABBA AGED ABOUT 34 YEARS, R/AT SITE NO. 183, 8 TH BLOCK KATIPALLA, POST SURATHKAL, MANGALORE.

13. NOUSHAD S/O SRI ABDUL RAHEEM AGED ABOUT 24 YEARS, R/AT SITE NO. 204, 8 TH BLOCK, KATIPALLA, POST SURATHKAL, MANGALORE.

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14. S.M. YOUSUF S/O SRI. H.S. MAYYADDI AGED ABOUT 38 YEARS, R/AT DOOR NO. 8/45, KATIPALLA, POST SURATHKAL, MANGALORE.

15. PUTHU MONU S/O SRI MUHAMMED AGED ABOUT 36 YEARS, R/AT DOOR NO. 98, 8 TH BLOCK, KATIPALLA, POST SURATHKAL, MANGALORE.

16. NAZEER S/O SRI SADHU BARRY AGED ABOUT 34 YEARS, 8TH BLOCK, KATIPALLA, POST SURATHKAL, MANGALORE.

17. HAMZA SAHIRI HASANABBA S/O SRI SAHIRABBA AGED ABOUT 32 YEARS, SITE NO. 142, 8 TH BLOCK, KATIPALLA, POST SURATHKAL, MANGALORE.

18. MOHAMMED SHERIEF HASAINAKA S/O SRI HASAINAKA AGED ABOUT 40 YEARS, SITE NO. 7, 8 TH BLOCK, KATIPALLA, POST SURATHKAL, MANGALORE.

19. LATHEIF S/O SRI AHMAD MONU AGED ABOUT 38 YEARS, 8TH BLOCK, KATIPALLA, POST SURATHKAL, MANGALORE.

20. KABEER S/O SRI B.ABDULLAH

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AGED ABOUT 30 YEARS, R/AT G.L. NO.12, 8 TH BLOCK, KATIPALLA, POST SURATHKAL, MANGALORE.

21. B.H. MOHAMMED S/O SRI B.H. HAMMABBA AGED ABOUT 60 YEARS, 8TH BLOCK, KATIPALLA, POST SURATHKAL, MANGALORE.

22. HASAN BAVU TANDALE S/O SRI MAYABBA AGED ABOUT 64 YEARS, SITE NO. 208, 8 TH BLOCK, KATIPALLA, POST SURATHKAL, MANGALORE.

23. ANWAR HUSSAIN S/O SRI ABDUL KADAR AGED ABOUT 32 YEARS, SITE NO. 14A, 8 TH BLOCK, KATIPALLA, POST SURATHKAL, MANGALORE. … RESPONDENTS

[By Sri I Tharanath Poojary, Adv. for R1 & R3; Smt Anuradha, Adv. for R2; Sri Megha Chandra D N, Adv. for proposed R10 to R23; Sri Mohammed Akhil, Adv. for R4 to R9]

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF , PRAYING TO QUASH THE ORDER DATED 31.05.2011 PASSED BY THE R2 UNDER ANNEXURE – B AND ETC.,

THIS PETITION COMING ON FOR PRELIMINARY HEARING, ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

Learned counsel for the petitioner submits that the petitioner may be permitted to withdraw this petition with liberty to avail other remedies in accordance with law.

2. Reserving such liberty this petition is dismissed as withdrawn.

Sd/- JUDGE

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