ORDER :

1. Sri.P.S.Malipatil, learned counsel accepts notice for

2. Smt.Anuradha M.Desai, learned Government

3. Sri.Shivakumar Kalloor, learned counsel, who has entered caveat for respondent No.7, accepts notice for respondent No.7.

4. The petitioner is before this Court seeking for a mandamus directing the respondents-authorities to allow the petitioners to participate and perform the religious rituals of Urs-E-Shariff particularly ‘Sandal’ at Dargh Hazarath Shah Ibrahim Khadri of Masarkal Village, Taluk Deodurga scheduled to be held from 28.02.2021 to 02.03.2021 in terms of letter dated 10.02.2021 issued by respondent No.3.

5. Sri.Arunkuamr Amargundappa, learned counsel for the petitioners would submit that in terms of Annexure-A i.e., letter dated 10.02.2021, the respondent No.1 has informed the Police Sub-Inspector that religious ritual of Urs-E-Shariff particularly ‘Sandal’ at Dargh Hazarath Shah Ibrahim Khadri of Masarkal Village, Taluk Deodurga scheduled to be held from 28.02.2021 to 02.03.2021 under the supervision of Maheboob Ali S/o Ahmed Pasha, Muthawalli and petitioners are required to be permitted to offer sandal.

6. He relies upon the orders passed by the Co-ordinate Bench of this Court in W.P.No.223813/2020 and other connected matters dated 10.03.2020 wherein petitioners were permitted to offer sandal. Relying on the same, he submits that the said benefit is required to be extended to the petitioners this year also and as such, he seeks for a mandamus as aforestated.

7. Per contra, Sri.Shivakumar Kalloor, learned counsel for respondent No.7 opposes to grant the said relief. He has also filed a memo along with order dated 21.10.2019 in O.S.No.4/2019 whereunder the Karnataka Waqf Tribunal, Kalaburagi has restrained the petitioners herein from interfering with the plaintiffs’ day to day functions, more particularly, the annual Urs-E-Shareef of the Dargah Hazrath Shah Haji Ibrahim Quadri (Sunni) of Village Masakala, Taluk Deodurga, District Raichur. The defendants therein are the petitioners herein. On this ground, he submits that the Karnataka Waqf Tribunal, Kalaburagi has considered the matter on merits and has held that the petitioners cannot perform any of the rituals. Therefore, he submits that a writ of mandamus cannot be granted.

8. Heard Sri.Arunkumar Amargundappa, learned counsel for the petitioners, Sri.P.S.Malipatil, learned counsel for respondent Nos.1 to 3, Smt.Anuradha M.Desai, learned Government Advocate for respondent Nos.4, 5 and 6 and Sri.Shivakumar Kalloor, learned counsel for respondent No.7.

9. A perusal of the order dated 10.03.2020 in W.P.No.223813/2020 and other connected matters indicate that the same is passed in pursuance of the order dated 22.03.2019 passed in CRP No.200018/2019. The said CRP No.200018/2019 had been filed challenging the exparte interim order passed by the Karnataka Waqf Tribunal, Kalaburagi in O.S.No.4/2019.

10. This Court vide its order dated 22.03.2019 permitted the petitioners to offer sandal for Urs-E-Shariff to be held for that year i.e., from 23.03.2019 to 25.03.2019. Relying on the same, the Co-ordinate Bench of this Court in W.P.No.223813/2020 and other connected matters dated 10.03.2020 permitted the petitioners to offer respondent Nos.1 to 3. Advocate accepts notice for respondent Nos.4, 5 and 6. sandal for the year 2020 that was scheduled to be from 11.03.2020 to 13.03.2020.

11. Relying on both the aforesaid orders, the petitioners seek for permission to offer sandal during this year which is scheduled to be held from 28.02.2021 to 02.03.2021. As aforesaid the order passed in O.S.No.4/2019 by the Karnataka Waqf Tribunal, Kalaburagi was an exparte interim order of injunction. Thereafter, the matter was heard and a final order came to be passed on 21.10.2019 in the said O.S.No.4/2019 as pointed by Sri.Shivakumar Kalloor, learned counsel for the respondent No.7.

12. On enquiry, Sri.Amarkumar Amargundappa, learned counsel for the petitioners submits that the said order has no