Partly allowed

Hazarth Allauddin Sha Khadri Dargah v. the Karntaka State Board of Auqaf

Karnataka HC14 Feb 2024WP/100135/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka partly allowed a writ petition seeking quashing of an administrator appointment. The court held the petition was infructuous as the appointment order had lapsed, but directed the Board to issue notice and provide a hearing to the petitioner before making future appointments.

What did the court decide?

Petition partly allowed. Respondents directed to issue notice and provide opportunity of hearing to petitioner before appointing an administrator.

Hazarth Allauddin Sha Khadri Dargah Vs the… — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:3551 WP No. 100135 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14^TH DAY OF FEBRUARY, 2024 BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100135 OF 2024 (GM-WAKF)

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BETWEEN:

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HAZARTH ALLAUDDIN SHA KHADRI DARGAH REPRESENTED BY ITS HEREDITARY MUTAWALLI, SYED SARWAR PASHA @ PEERSYADAE, S/O. SAYYAD ISSASAHEB, AGE: 74 YEARS, OCC: MUTAWLLI AND AGRICULTURE, R/O. SOMWARPET, HANGAL, DIST: HAVERI-581110.

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…PETITIONER

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(BY SRI.NANDISH PATIL AND SMT.PALLAVI B.PACHCHAPURE, SRI.RAMACHANDRA V.BHAT, ADVOCATES)

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AND:

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THE KARNTAKA STATE BOARD OF AUQAF REPRESENTED BY CEO, BANGALORE-01.

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YASHAVANTNARAYANKAR Digitallysigned byYASHAVANTNARAYANKARDate:2024.02.2016:26:15+0530

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SHRI. MOHAMMED HANIF ABDUL KAREEM LOHAR RETD. DISTRIC JUDGE AND ADMINISTRATOR, R/O. KANCHAKAR ONI, HANGAL, DIST: HAVERI-581110.

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SHRI. MOHAMMED GOUSE S/O. RAHIMASAB GULAMI, R/O. BANKAPUR TOWN, DIST: HAVERI-581110.

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…RESPONDENTS

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(BY SRI.D.L.LADKHAN, ADVOCATE FOR R1; R2-UNCLAIMED; NOTICE TO R3 IS SERVED)

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NC: 2024:KHC-D:3551 WP No. 100135 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED. 25-07-2023 BEARING ORDER NO. KSBA/CMC/42/HVR/2022-23 PASSED BY THE RESPONDENT NO. 1 VIDE ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY.

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

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ORDER

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The petitioner is before this Court seeking the following reliefs:

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a) Issue Writ in the nature of Certiorari quashing the impugned order dated. 25-07-2023 bearing order No. KSBA/CMC/42/HVR/2022-23 passed by the respondent No. 1 vide Annexure-E in the interest of justice and equity.

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b) Issue such other suitable order/s or directions as this Hon’ble court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.

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Vide order dated 25.07.2023, an administrator had been appointed in respect of Hazrath Allaudin Shah Khadri Dargah, which is under challenge in the present proceedings.

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Learned counsel for the petitioner submits that before the said order was passed, the petitioner, who is a Mutavalli, had not been heard. If at all, there was any complaint or

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NC: 2024:KHC-D:3551 WP No. 100135 of 2024

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allegations made against the petitioner, the petitioner was to be put on notice of the said allegations and it is only after providing an opportunity to petitioner that any order appointing an administrator could have been passed.

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During the pendency of the above matter, the order appointing the administrator has spent itself inasmuch as six months have elapsed and the order came to lapse on 24.01.2024 thus rendering the above petition infructuous. However, in the event of any further administrator being appointed, the interest of the petitioner would also have to be safeguarded. As such, I pass the following:

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ORDER

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i) Writ petition is partly allowed.

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ii) The respondents are directed to issue necessary notice and if necessary, provide an opportunity of hearing to the petitioner, consider the same and then pass a reasoned order either accepting or rejecting the contention of the petitioner.

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NC: 2024:KHC-D:3551 WP No. 100135 of 2024

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iii) It is made clear that this Court has not expressed any opinion on merits of the matter.

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iv) In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

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Sd/JUDGE

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YAN, List No.: 1 Sl No.: 12

Hazarth Allauddin Sha Khadri Dargah v. the Karntaka State Board of Auqaf

Case brief

What is this about?

What did the court decide?

Hazarth Allauddin Sha Khadri Dargah v. the Karntaka State Board of Auqaf

Case brief

What is this about?

What did the court decide?

What the court decided

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