Disposed

Sayed Hussain Saheb S/O. Sayed Moula Ali Saheb v. the State of Karnataka

Karnataka HC16 Sept 2021WP/100664/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Articles 226 and 227 of the Constitution seeking an order for his appointment as Muthwalli. The High Court directed the respondent Board to consider and pass orders on pending representations within three months, keeping rival contentions on merit open.

What did the court decide?

Directed the Respondent No.2 to consider representations dated 22.06.2016 and 23.01.2018 and pass appropriate orders within three months.

Sayed Hussain Saheb S/O. Sayed Moula… — Constitutional and Fundamental Rights | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO.100664/2018 (GM-WAKF)

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BETWEEN:

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SAYED HUSSAIN SAHEB S/O SAYED MOULA ALI SAHEB, AGE:38 YEARS,MUTHAWALLI, DARGAH HAZRAT SAYED SHAH, HAMID ALI (SUNNI) (R.H), TAVARGERA VILLAGE, KUSTAGI TALUKA, DISTRICT KOPPAL.

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... PETITIONER

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(BY SRI. S.C.BHUTI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF MINORITY WELFARE AND WAKF, REP BY ITS SECRETARY, M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560001.

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THE KARNATAKA STATE BOARD OF WAKFS, DARUL AUQAF, NO.6, CUNNINGHAM ROAD, BENGALURU-560052, REPRESENTED BY CHIEF EXECUTIVE OFFICER.

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THE TAHSILDAR, KUSHTAGI, DISTRICT:KOPPAL-583277.

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... RESPONDENTS

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(BY SRI. V. S.KALASURMATH, HCGP FOR R1 & R3; SRI. D.L. LADKHAN, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATIONS DATED 22.06.2016, VIDE ANNEXURE-J AND 23.01.2018 VIDE ANNEXURE-N, AND PASS ORDER FOR HIS APPOINTMENT AS MUTHWALLI TO THE HAZRAT SAYED SHAH HAMID WALI DARGAH, TAVARGERA IN A TIME FRAME.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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In this writ petition, the petitioner has sought

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for the following reliefs:

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I. Issue any order or direction or writ of Mandamus directing respondent No.2 to consider representations dated 22.06.2016, vide Annexure-J and 23.1.2018 vide Annexure-N, and pass order for his appointment as Muthwalli to the Hazrat Sayed Shah hamid Wali, Dargah, Tavargera, in a time frame.

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Heard learned counsel for the petitioner

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and learned counsel for the respondents. Perused the material on record.

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Though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that the

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representations at Annexure-J dated 22.06.2016 and Annexure-N dated 23.01.2018 submitted by the petitioner to respondent No.2 have not been considered and no orders have been passed so far, without expressing any opinion on the

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merits/demerits on the rival contentions, I deem it just and proper to dispose of this writ petition directing the respondent No.2 to consider and pass appropriate orders on the aforesaid representations in accordance with law within a period of 3 months from the date of receipt of copy of this order.

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All rival contentions on merit are kept open and no opinion is expressed on the same.

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JUDGE

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Sayed Hussain Saheb S/O. Sayed Moula Ali Saheb v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sayed Hussain Saheb S/O. Sayed Moula Ali Saheb v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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