Karnataka High Court Al Meezaan Education vs The District Registrar Of … on 5 June, 2014Author: A.N.Venugopala Gowda
:1:
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 05 T H DAY OF JUNE 2014
BEFORE
THE HON’BLE MR.JUSTICE A.N.VENUGOPALA GOWDA
WRIT PETITION Nos.104263-274 OF 2014 [GM-KSR]
BETWEEN:
1. AL MEEZAAN EDUCATION AND SOCIAL WELFARE SOCIETY BAGALKOT TQ: BAGALKOT, DIST: BAGALKOT R/BY ITS PRESIDENT.
2. KHWAJABANDANAWAJ
S/O. LALSAHEB BAGEWADI
AGE: 57 YEARS,
OCC: BUSINESS & PRESIDENT OF AL MEEZAAN EDUCATION AND
SOCIAL WELFARE SOCIETY BAGALKOT R/O. SECTOR NO. 45, PLOT NO. 144, NAVANAGAR, BAGALKOT
TQ: & DIST: BAGALKOT
3. MUSTAQAHMED
S/O. MEHABOOBSAB BEKINALAKAR AGE: 57 YEARS,
OCC: SERVICE & VICE PRESIDENT I, AL MEEZAAN EDUCATION AND
SOCIAL WELFARE SOCIETY BAGALKOT R/O. NEAR JOD GUMBAZ ROAD MEENAXI CHOWK, BIJAPUR,
TQ: & DIST: BIJAPUR
4. RASOOLSAB S/O. AMEENSAB KANDAGAL AGE: 70 YEARS,
:2:
OCC: BUSINESS & PRESIDENT-II OF AL MEEZAAN EDUCATION AND SOCIAL WELFARE SOCIETY BAGALKOT R/O. AASAR GALLI, KILLA BAGALKOT TQ & DIST: BAGALKOT
5. LALSAHEB S/O. JAFARSAB HANAMASAGAR AGE: 79 YEARS, OCC: BUSINESS & CHAIRMAN OF AL MEEZAAN EDUCATION AND SOCIAL WELFARE SOCIETY BAGALKOT R/O. WARD NO.2, NEAR PANKA MASJID, PENDARGIL GALLI, BAGALKOT TQ & DIST: BAGALKOT
6. ANWARHUSAIN S/O. HASHIMPEERA MAKANDAR AGE: 51 YEARS,
OCC: BUSINESS & GENERAL SECRETARY OF AL MEEZAAN EDUCATION AND
SOCIAL WELFARE SOCIETY BAGALKOT R/O. NEAR VALLABHAI CHOWK, UPPARMOHALLA, BAGALKOT
TQ & DIST: BAGALKOT
7. RAFIQ S/O. LALSAHEB HANANMASAGAR AGE: 49 YEARS,
OCC: BUSINESS & JOINT SECRETARY-I OF AL MEEZAAN EDUCATION AND
SOCIAL WELFARE SOCIETY BAGALKOT R/O. WARD NO. 2, NEAR PANKA MASJID PENDAR GALLI, BAGALKOT
TQ & DIST: BAGALKOT
8. ABDULRAHEMAN S/O. SAIDUSAB BAGAWAN AGE: 42 YEARS, OCC: BUSINESS & JOINT SECRETARY-II OF
AL MEEZAAN EDUCATION AND
SOCIAL WELFARE SOCIETY BAGALKOT R/O. TANKASALA MOHALLA, BAGALKOT TQ & DIST: BAGALKOT
:3:
9. MOHAMMADHUSAIN S/O. AMEENSAB KOTWAL AGE: 67 YEARS,
OCC: RETD EMPLOYEE & TREASURER OF AL MEEZAAN EDUCATION AND SOCIAL WELFARE SOCIETY BAGALKOT
R/O. ASAR GALLI, KILLA, BAGALKOT TQ & DIST: BAGALKOT
10. RASOOLSAB S/O. HAZARATSAB PENDAR AGE: 46 YEARS,
OCC: ADVOCATE & DIRECTOR OF AL MEEZAAN EDUCATION AND
SOCIAL WELFARE SOCIETY BAGALKOT R/O. WARD NO.2, NEAR PANKA MASJID, PENDAR GALLI, BAGALKOT
TQ & DIST: BAGALKOT
11. RUKSNA W/O. AYUBKHAN BAGEWADI AGE: 38 YEARS, OCC: HOUEHOLD WORK & DIRECTOR OF AL MEEZAAN EDUCATION AND SOCIAL WELFARE SOCIETY BAGALKOT R/O.NEAR MADINA MASJID
VENKATPETH, BAGALKOT
TQ & DIST: BAGALKOT
12. DR TALATRUBINA D/O. MAHIBOOBSAB BENKINALAKAR,
AGE: 40 YEARS, OCC: DOCTOR & DIRECTOR OF AL MEEZAAN EDUCATION AND SOCIAL WELFARE SOCIETY BAGALKOT R/O. NEAR JOD GUMBAZ ROAD, MEENAXI CHOWK, BIJAPUR
TQ & DIST: BIJAPUR
… PETITIONERS
(By Sri. SHIVARAJ P MUDHOL ADV.)
AND:
1. THE DISTRICT REGISTRAR OF SOCIETIES BAGALKOT, DIST: BAGALKOT
:4:
2. DEWANSAHEB S/O. BANDUSAB MANIYAR AGE: 67 YEARS, OCC: BUSINESS R/O. NEAR MAHIBOOBSAB DARGA TQ & DIST: BAGALKOT
3. GOUSAMUDDIN S/O. ABDULREHAMAN DALAYAT AGE: 66 YEARS, OCC: TEACHER R/O. NEAR IIIYAS MASJID HULYAL LAYOUT, BAGALKOT, TQ & DIST: BAGALKOT
4. GOUSAMUDDIN S/O. MAHIBOOBASAB TANKASALI AGE: 62 YEARS, OCC: PRIVATE SERVICE R/O. TANKSALI GALLI, BAGALKOT TQ & DIST: BAGALKOT
5. AMAHAD S/O. ABDULREHAMAN DALAYAT AGE: 52 YEARS, OCC: BUSINESS R/O. TANKSALI GALLI, BAGALKOT TQ & DIST: BAGALKOT
6. BABUSAB S/O. GOUSAB TUMBEERMATTI AGE: 56 YEARS, OCC: BUSINESS R/O. UPPAR MOHALLA GALLI, BAGALKOT TQ & DIST: BAGALKOT
7. AKTAR S/O. ALLABAKSHA TANKASALI AGE: 42 YEARS, OCC: SERVICE R/O. NEAR IIIYAS MASJID HULYAL LAYOUT, BAGALKOT, TQ & DIST: BAGALKOT
8. ABDULHAMEED S/O. SHARIFKHAN PATHAN AGE: 44 YEARS, OCC: SERVICE R/O. SECTOR NO.3, NAVANAGAR, BAGALKOT TQ & DIST: BAGALKOT
9. MAHAMMADGOUS S/O. HASANSAB TUMBARAMTTI AGE: 44 YEARS, OCC: JOB (DCC BANK EMPLOYEE) R/O. UPPAR MOHALLA, WARD NO.9 BAGALKOT, TQ & DIST: BAGALKOT :5:
10. SHAKILAHMAD S/O. DEVANASAB MANIYAR AGE: 49 YEARS, OCC: BUSINESS R/O. MAHIBOOBSABANI DARGA BAGALKOT, TQ & DIST: BAGALKOT
11. MOHAMMADRAFI A ADVANI AGE: 52 YEARS, OCC: BUSINESS R/O. IBRAHIMPUR RAILWAY STATION, KSRTC COLONY, BIJAPUR, TQ & DIST: BIJAPUR
12. KHAIRUNISA
W/O. GOUSAMOHAMMAD TANKASALI AGE: 47 YEARS,
R/O. TANKASALI GALLI, BAGALKOT, TQ & DIST: BAGALKOT
… RESPONDENTS
(By Sri.M.KESHAVAREDDY AGA FOR R1)
THESE WRIT PETITIONS ARE FILED UNDER ARTICELS 226 & 227 OF CONSTITUTION OF INDIA PRAYING THIS HON’BLE COURT TO QUASH THE IMPUGNED ORDER/ENDORSEMENT DATED 21/02/2014 ISSUED BY THE 1st RESPONDENT VIDE ANNEXURE-A.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: –
O R D E R
These writ petitions have been filed by the
defendants in O.S. No.329/2012 i.e., petitioner
Nos.2 to 12, pending on the file of the Civil Judge
(Jr.Dn.), Bagalkot, asking for quashing of an
endorsement dated 21.02.2014, as at Annexure
‘A’, of the 1 s t respondent and for a mandamus as :6:
against the 1st respondent, to consider the
proposal dated 17.02.2014, as at Annexure ‘B’ to
the petition and to approve the list of Office
Bearers and also the annual statement of
accounts.
2. Heard Sri.Shivaraj P.Mudhol, learned
advocate for the petitioner. Perused the writ
petition record.
3. Indisputedly, some of the petitioners and
the respondents are parties in O.S. No.329/2012,
pending in the Civil Court at Bagalkot. It is on
account of the pendency of the said suit, to which
the 1 s t respondent is a party, the proposal of the
petitioners vide Annexure ‘B’ has not been
accepted and the endorsement as at Annexure ‘A’
was issued.
4. The petitioners being parties to the said
suit, have the opportunity of making an
application in the suit and seek relief, even as :7:
against the 1st respondent, since the matter
pertaining to the Society is ceased therein. In
view of the said position, Sri.Shivaraj P.Mudhol,
sought permission to withdraw these writ petitions
and make an application in O.S. No.329/2012
pending in the Civil Court, for grant of appropriate
reliefs.
5. Submission of the learned counsel is
recorded and the writ petitions are permitted to be
withdrawn, by reserving liberty to the petitioners
to seek relief in O.S. No.329/2012. All
contentions raised in these writ petitions are left
open for consideration.
Accordingly, these writ petitions are
dismissed as withdrawn.
SD/-
JUDGE
RK/-