The High Court of Karnataka disposed of a Writ Petition seeking directions to the CBI and State authorities to investigate alleged fraud and misappropriation in the Karnataka State Board of Wakfs, holding no relief could be granted at that stage. The petitioner was advised to file a complaint with the State.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH 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:
REP. BY ITS CHIEF EXECUTIVE OFFICER
BANGALORE - 560 001
KARNATAKA - 560 032
BANGALORE - 560 027
REPRESENTED BY ITS MEMBER SECRETARY
NO.2, NRUPATUNGA ROAD
BANGALORE - 560 001.
BANGALORE - 560 001
BANGALORE - 560 001
BANGALORE - 560 001
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)
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 1ST 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:
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 1st Respondent herein and submit its report to this Hon'ble court.
belongs to different Wakf institutions across the state, etc., shall be supervise, Monitor and control by this Hon'ble court by passing appropriate orders/directions periodically.
No.4 only in respect of prayer No.III. The Court, vide order dated 22.02.2021, has passed a detailed order whereby, prayer No.III stands disposed of. It appears that the writ petition, however, remains pending and subsequently, the order dated 16.03.2021 was passed by this Court refusing to grant any interim relief.
Executive Officer, being the Presiding Officer under Sections 52 and 54 of Wakf Act, may take appropriate action on the aforesaid enquiry taking into consideration the multifarious duties discharged by the defendant (respondent No.8 herein).
disposed of.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
AHB
1 issue framed by the court
Whether the writ court can direct the CBI to conduct an investigation into alleged fraud within the Karnataka State Board of Wakfs.
2 provisions across 2 enactments
Sayed Sarwar Basha Makandar
Karnataka State Board of Wakfs
State of Karnataka
Central Bureau of Investigation
Karnataka State Legal Services Authority
Director General of Police Karnataka
Ritu Raj Awasthi
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
