Disposed

Mohamed Habibulla v. the Secretary

Karnataka HC1 Jun 2021WP/112/2017

Case brief

AI extract

What is this about?

This is a preliminary hearing in a writ petition challenging a Revenue Inspector report on student seat allotment disputes. The petitioner, a father, claimed the report was passed without an enquiry. The court directed the Tahsildar to consider the representation after affording an opportunity of hearing to both parties within six months.

What did the court decide?

Writ petition disposed of with direction to Respondent No.3 to consider the representation after affording an opportunity of hearing to petitioner and complainant within six months.

Mohamed Habibulla Vs the Secretary — Education and Admissions | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 01^ST DAY OF JUNE 2021

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BEFORE

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THE HON’BLE MR.JUSTICE G.NARENDAR

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W.P. NO.112 OF 2017 (GM-RES)

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BETWEEN:

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MOHAMED HABIBULLA S/O LATE GHOUSE BAIG AGED ABOUT 53 YEARS R/A #17,(JP) GROUND FLOOR, 6TH CROSS, IST MAIN, LIC COLONY 3RD BLOCK EAST JAYANAGARA BANGALORE-560011

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... PETITIONER

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(BY SRI R KOTHWAL, ADV.)

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AND:

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THE SECRETARY DEPARTMENT OF EDUCATION GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560001

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THE DEPUTY COMMISSIONER BENGALURU URBAN BENGALURU-560009

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THE TAHSILDAR BENGALURU SOUTH KANDAYA BHAVANA BENGALURU-560009

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THE REVENUE INSPECTOR BENGALURU SOUTH JAYANAGAR BANGALORE-560004

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... RESPONDENTS

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(BY SMT. RASHMI PATEL, HCGP FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE REPORT DTD: 20.12.2016 SUBMITTED BY THE REVENUE INSPECTOR ATTACHED TO THE OFFICE OF THE R3 VIDE ANNEXURE – A.

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THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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( THROUGH VIDEO CONFERENCE AT BENGALURU)

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Case is called.

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There is no representation on behalf of the petitioner.

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The instant writ petition is preferred

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praying to quash the Revenue Inspector report dated 20.12.2016 whereby the Revenue Inspector was pleased to affirm the income and cash status of

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certain third parties and for a direction to consider

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the representation submitted by them at Annexure –

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J & J1.

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It is the grouse of the complainant that

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one Mohammed Mahrous and Safaa Habib were not entitled for allotment of seats under Backward category as their father was financially well placed and earning handsomely in a foreign country.

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It is the case of the petitioner who is the father of the said candidates that action has been initiated on the said complaint without affording any opportunity or without conducting any enquiry.

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In that view of the matter, this Court is of the considered opinion that the instant writ petition could be disposed of by granting the second relief sought for in the writ petition.

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Accordingly, the writ petition is disposed

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of with a direction to respondent No.3 to consider

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and dispose of the representation at Annexure –

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J & J1 after affording an opportunity of hearing to the petitioner and the complainant. The consideration and disposal shall be within an outer limit of six months from the date of receipt of certified copy of this order.

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The copy of this order shall be forwarded

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to respondent No.3 -Tahsildar.

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Sd/-

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JUDGE

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KTY

Mohamed Habibulla v. the Secretary

Case brief

What is this about?

What did the court decide?

Mohamed Habibulla v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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