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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF NOVEMBER, 2021

PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

AND

THE HON9BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.3698 OF 2021 (GM-WAKF-PIL)

BETWEEN:

1. SRI MOHAMMAD RAFIQ

S/O SAYED JAMALUDDIN KHANAPURI

AGED 39 YEARS,

OCC: SOCIAL WORK

OFFICE AT NO.16/1, PHONIX ARCADE

CHURCH STREET, SHANTALA NAGAR

BENGALURU-560 001.

2. SRI.SYED SHABBIR

S/O SYD GAFOOR, AGE 26 YEARS,

R/O JAMIYA MASJID ROAD,

BHOOPASANDRA, SANJAYANAGAR

BENGALURU NORTH

BENGALRU-560 094.

...PETITIONERS

(BY SRI. ARJUN R KHOT, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

REP. BY ITS PRINCIPAL SECRETARY

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DEPARTMENT OF REVENUE

VIDHAN SOUDHA, BENGALURU-560001.

2. THE JOINT DIRECTOR OF LAND RECORDS

BENGALURU DIVISION

K.R.CIRCLE, BENGALURU-560 001.

3. THE ASSISTANT DIRECTOR OF LAND RECORDS

K.R.CIRCLE, BENGALURU-560 001.

4. THE CHIEF EXECUTIVE OFFICER,

KARNATAKA STATE BOARD OF AUQUF

CUNNING HAM ROAD,

BENGALURU-560 001.

&RESPONDENTS

(BY SMT.VANI.H, AGA FOR R1 TO R3)

THIS PETITION IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING TO a)ISSUE THE WRIT OF

MANDAMUS OR ANY OTHER WRIT OR SUCH OTHER DIRECTION,

DIRECTING THE RESPONDENTS TO ENTER AS BURIAL GROUND IN

THE COLUM NO.4 OF THE CITY SURVEY EXTRACT, AS PER THE

MYSORE STATE BOARD OF WAKF VIDHAN SOUDHA BENGALURU,

GAZETTE

NOTIFICATION

DATED

22/07/1965

BEARING

NO.

MBW19(1) 64 DATED 07/06/1965, AS MENTIONED IN SL.NO. 261

VIDE ANNEXURE-A OR ANY OTHER DIRECTION, DIRECTING THE

RESPONDENTS TO MAKE AN ENTRY IN THE CITY SURVEY EXTRACT

AS BURIAL GROUND AS PER ANNEXURE-A AND b) PASS ANY

OTHER DIRECTION OR ANY OTHER ORDER.

THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF

JUSTICE MADE THE FOLLOWING:

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ORDER

Heard.

2.

In this public interest litigation, the petitioners have

come forward seeking the following reliefs:

"a) Issue the Writ of mandamus or any other

writ or such other direction, directing the respondents

to enter as burial ground in the colum No.4 of the City

Survey Extract, as per the Mysore State Board of Wakf

Vidhan Soudha Bengaluru, Gazete Notification dated

22/07/1965

bearing

No.MBW19(1)

64

dated

07/06/1965,

as

mentioned

in

Sl.No.261

vide

Annexure-A or any other direction, directing the

respondents to make an entry in the City Survey

Extract as Burial Ground as per Annexure-A.

b) Pass any other direction or any other order as

deems fit under the facts and circumstance of the

case."

3.

After hearing learned counsel for the petitioners

and going through the records, we find that there is some

dispute with respect to the land in question i.e., the property

bearing CTS No.490, old No.1, situated at Richmond Town,

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Richmond, Bengaluru measuring to a extent of 1142.8 sq.

mtrs. between certain individual persons who are representing

different groups of persons. It involves disputed question of

facts which cannot be adjudicated in the writ jurisdiction.

4.

The writ petition is accordingly dismissed, however,

with liberty to the concerned persons to settle their rights

before the appropriate forum.

The pending interlocutory applications, if any, stand

disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

CA