Dismissed

Sri Sayed Murtuza Shah Qadri S/O Sayed Shah Abdul Khadar Kadri v. the Karnataka State Board of Wakf

Karnataka HC19 Jun 2024WA/100071/2024

Case brief

AI extract

What is this about?

This intra-court writ appeal challenged the Single Judge's order impleading all parties into a pending suit regarding a Dargah. The bench held that directing impleadment was correct to allow participation and found no merit in the appeal, rejecting it.

What did the court decide?

Writ appeal stands rejected; pending interlocutory applications are disposed of.

Sri Sayed Murtuza Shah Qadri S/O Sayed… — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC-D:8191-DB WA No.100071 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF JUNE, 2024

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PRESENT

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THE HON'BLE MR JUSTICE S G PANDIT

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA

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WRIT APPEAL NO.100071 OF 2024 (GM-WAKF)

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BETWEEN:

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SRI. SAYED MURTUZA SHAH QADRI S/O SAYED SHAH ABDUL KHADAR KADRI AGE. 49 YEARS, OCC. HEREDITARY MUTAWALLI AND SAJJADA NASHEEN OF DARGAH HAZRATH SYED MURTAZA SHAH QADRI SITUATED IN ILKAL, TQ. HUNAGUND, DIST. BAGALKOT 587118.

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…APPELLANT

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JAGADISH T R

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(BY SRI. S. A. SONDUR, ADVOCATE)

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Digitally signed by JAGADISH T R Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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AND:

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THE KARNATAKA STATE BOARD OF WAKF CUNNINGHAM ROAD, BENGALURU-560001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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DISTRICT WAKF OFFICE BAGALKOT, BAGALKOT-587101, REPRESENTED BY ITS

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NC: 2024:KHC-D:8191-DB WA No.100071 of 2024

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WAKF OFFICER.

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THE DEPUTY COMMISSIONER, NAVANAGAR, TQ. AND DIST. BAGALKOT-587101.

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DARGHA HAZRAT SYED SHA MURTUZA QADRI ILKAL, TQ. HUNAGUND, DIST. BAGALKOT-587101, REPRESENTED BY ITS SECRETARY.

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THE TAHSILDAR TQ. HUNAGUND, DIST. BAGALKOT-587101.

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SYED SHA SULTAN AHMED QADARI S/O. SAYED SHA ABDUL HASAN QUADARI AGE. 64 YEARS, OCC. NOT KNOWN, R/O. ALUMPURPET VILLAGE, ILKAL, TQ. HUNAGUND, DIST. BAGALKOT-587101.

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…RESPONDENTS

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(BY SRI. D.L. LADKHAN, ADVOCATE FOR R1-R2) SRI. MADANMOHAN M. KHANNUR, ADDL. GOVT. ADVOCATE FOR R3 & R5 SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R6)

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(NOTICE TO R4 IS SERVED)

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THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 13/02/2024 PASSED BY THE LEARNED SINGLE JUDGE, HIGH COURT OF KARNATAKA DHARWAD BENCH IN W.P.NO.100579/2018 (GM-WAKF), AND DISMISS THE WRIT PETITION FILED BY THE PETITIONER WITH HEAVY EXEMPLARY COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, S G PANDIT, J., DELIVERED THE FOLLOWING:

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NC: 2024:KHC-D:8191-DB WA No.100071 of 2024

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JUDGMENT

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This intra-court appeal is filed under Section 4 of the Karnataka High Court Act, 1961, questioning the correctness and legality of the order dated 13.02.2024 passed in W.P. No.100579/2018.

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The appellant herein was respondent No.6, and respondent No.6 herein was the petitioner before the writ court.

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The petitioner approached this Court in W.P.

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No.100579/2018 with the following prayer:

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“i. Issue writ of Mandamus and direct respondent no.1 to take appropriate action on the report dated 05.12.2017 submitted by 2^nd respondent in DWO/MSC/BGR/10/2017-18/1683 vide Annexure-B to meet the ends of Justice and Equity.

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ii. Issue writ of Mandamus directing the 3^rd respondent to consider the representation dated:28.12.2017 as per Annexure-D.

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4 - NC: 2024:KHC-D:8191-DB WA No.100071 of 2024

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iii. Issue any other writ or direction as deemed fit by this Hon’ble court.”

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It is relevant to note here itself that the learned

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Single Judge has not granted any relief as prayed in the above writ petition. The learned Single Judge clubbed four writ petitions and passed a common order since all the writ petitions were relating to Dargah Hazrath Syed Murtaza Shah Qadri. The learned Single Judge, while disposing of the writ petitions, has issued the following directions:

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i. All the writ petitions are disposed of.

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ii. The respective parties are relegated to the suit in O.S.No.6/2023, pending before the Waqf Tribunal, Belagavi

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iii. The plaintiff in the said suit shall within 15 days of the receipt of a certified copy of this order make a formal application to implead all the parties in these writ petitions as party defendants in the said suit, the Applications so filed shall be allowed by the tribunal and the plaint amended.

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iv. The Impleaded defendants shall file their respective written statement within 90 days of they being brought on record.

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v. If any of the parties impleaded wish to file a counter claim they are at liberty to do so within

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NC: 2024:KHC-D:8191-DB WA No.100071 of 2024

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90 days of their coming on record before the Tribunal.

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vi. Issues and additional issues to be framed by the trial court within 30 days of the pleadings being completed.

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vii. The Waqf Tribunal is directed to dispose of the said suit as expeditiously as possible, preferably within a period of one year from the date of completion of filing of the pleadings in the said suit.

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viii. In order to maintain proper conduct of administration, the jurisdictional Tahasildar is appointed as administrator of Hajarat Syed Shah Murtuja Quadri Dargah, who shall administer the said Dargah until the disposal of the suit in O.S.No.6/2023.

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ix. The said Tahasildar is at liberty to take assistance of such persons of eminence and knowledge in running of the Dargah, as he may require by forming a committee of such persons, needless to say none of the parties to the present Writ petitions and or the suit or part of the alleged managing committee shall be included as a member of such committee to be formulated by the Thasildhar/Administrator.

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x. The Thasildhar/Administrator shall expend money from the funds available with the Dargah and in this regard take into consideration the aid and advice of the District Waqf Officer.

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xi. A quarterly statement of accounts is directed to be placed before the Tribunal in O.S.No.6/2023 and in the event of any advice being required by the Administrator in taking any major financial decisions, such advice could be sought for from the Waqf Tribunal.

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xii. The Additional Registrar (Judicial) is directed to communicate the above order to the Tahasildar,

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NC: 2024:KHC-D:8191-DB WA No.100071 of 2024

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Ilkal, the Deputy Commissioner, Bagalkot, Superintendent of Police Ilkal, the jurisdictional Deputy Superintendent of Police and CPI, Ilkal.

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xiii. The Tahasildar, Ilkal, shall take charge of the affairs of the Dargah at 10.00 am on 17.02.2024.

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xiv. This Court hopes and believes that peace and order would be maintained by all the parties until the resolution of dispute by the Waqf Tribunal and that all the parties shall assist and fully cooperate with the Waqf Tribunal in expeditiously disposing of the suit O.S.NO.6/2023.”

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5. Learned counsel for respondent No.6/appellant

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would submit that the appellant is aggrieved, particularly, by the direction issued by the learned Single Judge directing impleadment of all the parties to the writ petition as party-defendants in the suit and also the observation that the application so filed shall be allowed by the Tribunal and the plaint be amended. Learned counsel for respondent No.6/appellant would submit that, earlier petitioner had filed suit unsuccessfully and as such, again, petitioner cannot reagitate his right in the present suit. On the said ground, the learned counsel would pray for setting aside the above direction.

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NC: 2024:KHC-D:8191-DB WA No.100071 of 2024

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The learned counsel for the respondents support the directions issued by the learned Single Judge and would further submit that, the learned Single Judge, with a view to put an end to the litigation, directed impleadment of all the parties which would provide an opportunity to the parties to put their grievances before the Court. Thus, they pray for dismissal of the writ appeal.

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Suit in O.S. No.6/2023 is instituted in respect of Dargah Hazrath Syed Murtaza Shah Qadri. In the facts and circumstances of the case, the learned Single Judge was of the opinion that since the suit is already instituted and as the writ petition involved disputed questions of fact and contentions, which would have to be adjudicated by the Wakf Tribunal, directed impleadment of all the parties to the writ petition, and directed that application so filed shall be allowed by the Tribunal. The purpose of directing impleadment of all the parties is to provide an opportunity to all the interested persons to participate in the proceedings. We do not find any error or fault in learned

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NC: 2024:KHC-D:8191-DB WA No.100071 of 2024

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Single Judge directing impleadment of all the parties to the writ petition. Thus, we do not find any merit in the writ appeal. Accordingly, the writ appeal stands rejected.

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Pending interlocutory applications do not survive for

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consideration and are disposed of accordingly.

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Sd/JUDGE

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Sd/JUDGE

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KMS,CT:VP List No.: 1 Sl No.: 0

Sri Sayed Murtuza Shah Qadri S/O Sayed Shah Abdul Khadar Kadri v. the Karnataka State Board of Wakf

Case brief

What is this about?

What did the court decide?

Sri Sayed Murtuza Shah Qadri S/O Sayed Shah Abdul Khadar Kadri v. the Karnataka State Board of Wakf

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

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