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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF DECEMBER, 2021

PRESENT

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

AND

THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.13436 OF 2020 (GM-RES) PIL

BETWEEN:

SAYED SARWAR BASHA MAKANDAR

OCC: SAJJADA/MUTAWALLI

AGED ABOUT 35 YEARS

DARGA HAZRAT PEER SAYED

R.A. HANGAL TOWN, HAVERI DIST

THROUGH SPA HOLDER

SYED KHUSRO WALIULLAH HUSSAINI

OCC: ENGINEER/PRIVATE SERVICE

AGE: 45 YEARS

R/O #3/83, NEAR DARGA, POST GULSARAM

TQ: SHAHAPUR

DIST: YADGIR - 585 202

... PETITIONER

(BY SRI SAYED SARWAR BASHA MAKANDAR, PARTY IN-PERSON)

AND:

1. KARNATAKA STATE BOARD OF WAKFS

DARUL-AWKAF, NO. 06

CUNNINGHAM ROAD

BANGALORE - 560 001

REP. BY ITS CHIEF EXECUTIVE OFFICER

2. STATE OF KARNATAKA

REPRESENTED BY ITS CHIEF SECRETARY

VIDHANA SOUDHA

BANGALORE - 560 001

3. CENTRAL BUREAU OF INVESTIGATION

CBI COMPLEX, ACB NO.36

BELLARY RD, GANGANAGAR

BENGALURU

KARNATAKA - 560 032

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4. KARNATAKA STATE LEGAL SERVICES AUTHORITY

NO.2, NYAYA DEGULA

1^ST FLOOR, SIDDAIAH ROAD

BANGALORE - 560 027

REPRESENTED BY ITS MEMBER SECRETARY

5. DIRECTOR GENERAL OF POLICE

KARNATAKA

NO.2, NRUPATUNGA ROAD

BANGALORE - 560 001.

6. STATE OF KARNATAKA

REPRESENTED BY ITS

PRINCIPAL SECRETARY

DEPT. OF MINORITY WELFARE AND WAKF

VIKAS SOUDHA

BANGALORE - 560 001

7. SRI ISLAHUDDIN J GADYAL, K.A.S

EX-CHIEF EXECUTIVE OFFICER

KARNATAKA STATE BOARD OF WAKFS

DARUL-AWKAF NO. 06

CUNNINGHAM ROAD

BANGALORE - 560 001

8. SRI LATEEF SHEIKH

LEGAL ASSISTANT

KARNATAKA STATE BOARD OF WAKFS

DARUL-AWKAF, NO.06

CUNNINGHAM ROAD

BANGALORE - 560 001

9. SRI IBRAHIM ADOOR B

FORMER ADMINISTRATOR

KARNATAKA STATE BOARD OF WAKFS

AND FORMER PRINCIPAL SECRETARY

STATE OF KARNATAKA

DEPT. OF MINORITY WELFARE

AND WAKF, VIKAS SOUDHA

BANGALORE - 560 001

... RESPONDENTS

(SMT. S.R.ANURADHA, ADVOCATE FOR RESPONDENT NO.1

SMT.VANI H, AGA FOR RESPONDENT NOS.2, 5 AND 6

SMT.J.HAMSA, ADVOCATE FOR RESPONDENT NO.4

WP STANDS DISMISSED AGAINST RESPONDENT NOS.7 TO 9 AS

PER ORDER DATED 16.03.2021)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT

RESPONDENT NO.3 CENTRAL BUREAU OF INVESTIGATION TO

CONDUCT FAIR, UNBIASED, TRANSPARENT AND IMPARTIAL

INVESTIGATION

INTO

THE

ENTIRE

SCAM

AND

MISAPPROPRIATION CONDUCTED BY THE RESPONDENT NO.08

AND 07 HEADED BY RESPONDENT NO.9 AND OTHER VARIOUS

OFFICE BEARERS OF THE 1^ST RESPONENT AND SUBMIT ITS

REPORT TO THIS HON'BLE COURT AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

IN 'B' GROUP THROUGH VIDEO CONFERENCING THIS DAY,

CHIEF JUSTICE MADE THE FOLLOWING:

ORDER

This Writ Petition has been filed seeking the following

reliefs:

"(I) To Direct Respondent No.3 Central Bureau

of Investigation to conduct fair, unbiased,

transparent and impartial investigation

into the entire scam and misappropriation

conducted by the Respondent No.08 and

07 headed by Respondent NO.09 and

other various office bearers of the 1^st

Respondent and submit its report to this

Hon'ble court.

or in the alternative-without prejudice

Direct Respondent No.2 Chief Secretary,

State

of

Karnataka,

to

immediately

constitute

a

SIT

for

conducting

investigation in the matter, to conduct

fair, unbiased, transparent and impartial

investigation into the entire scam and

misappropriation

conducted

by

the

Respondent No.08 and 07 and all others

authorities/employees

of

the

1^st

Respondent herein and submit its report to

this Hon'ble court.

(II) The

proposed

investigation,

recovery,

attachment, returning of wakf properties

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belongs to different Wakf institutions

across the state, etc., shall be supervise,

Monitor and control by this Hon'ble court

by passing appropriate orders/direction