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2023 Supreme(Kar) 685

M. NAGAPRASANNA
Zabi Ulla Khan – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
A. Mahesh Chowdhary, Advocate, Shwetha Krishnappa, Advocate, M.H. Haneef, Advocate, Azra J. Dundge, Advocate, Swathi Ashok, Advocate, Vikram Huilgol, Advocate, Sandeep Huilgol, Advocate, Jayakumar S. Patil, Advocate, Nishad S.A., Advocate

JUDGMENT/ORDER

1. The petitioner in this writ petition seeks a declaration that the act of the 3rd respondent/Karnataka State Board of Auqaf ('the Board' for short) in sealing the premises, where the petitioner was a lessee, to be contrary to Sec. 54 of the Waqf Act, 1995 ('the Act' for short).

2. Sans details, facts in brief are as follows:-

The 4th respondent is the Central Majlis-E-Shoora Jamaia Masjid ('the Auqaf' for short) in Kunigal Taluk, Tumkur District. The 4th respondent, in order to lease out shops in the Auqaf properties, issues an advertisement of auction of the properties. The auction was sought to be conducted in six mosques existing in the surrounding area. The petitioner finding himself eligible to be allotted a shop, participated in the auction, becomes successful and was allotted a shop bearing No.A/46 measuring 250 sq.ft. in the said shop properties. Pursuant to the petitioner getting allotted the aforesaid shop, the 4th respondent enters into a lease with the petitioner on 1/1/2022. The rent amount between the two was also determined at Rs.24.00 per sq.ft., which would amount to Rs.10, 500.00 per month, with refundable security deposit of a month's rent was als

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