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Al Meezaan Education vs The District Registrar Of … on 5 June, 2014

Karnataka High Court Al Meezaan Education vs The District Registrar Of … on 5 June, 2014Author: A.N.Venugopala Gowda

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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,

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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

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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

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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/-

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