Writ petition filed in 2021 remained pending for nearly three years due to repeated non-compliance with registry office objections. Despite multiple opportunities and absence of the petitioner's counsel when the matter was called twice, the High Court dismissed the petition for non-prosecution.
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.
NC: 2024:KHC-D:12173 WP No. 105062 of 2021
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 27TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 105062 OF 2021 (LR)
BETWEEN:
SHRI. B.M. RISALDAR, AGE: 58 YEARS, OCC: ADMINISTRATOR, SHAH SADRODDIN ANSARI @ JANGALI PEER PEERANWADI, R/O: SHAH SADRODDIN ANSARI @ JANGALI PEER PEERANWADI-BELAGAVI, TQ: AND DIST: BELAGAVI-590 001.
…PETITIONER
(BY SRI.S.B.DODDAGOUDAR., ADVOCATE [ABSENT])
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
ABDULKARIM HUSHENSAB MUJAVAR SINCE DECEASED BY HIS LRS.,
HUSHENSAB ABDULKARIM MUJAVA SINCE DECEASED BY HIS LRS.,
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
NC: 2024:KHC-D:12173 WP No. 105062 of 2021
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Though matter called twice, there is no representation on behalf of the petitioner either personally or through video conferencing. When the matter is listed before the Court, and is called out, the advocate must be present in the Court. His or her absence may effect the case.
As could be seen from the daily order sheet, the petition was listed on 16.12.2021, on that day, two weeks time was granted to comply with the office objections. Thereafter, the petition was listed before the Court on several dates and sufficient time was granted to comply with the office objections. Again the petition was listed on 26.07.2024, on that day, learned counsel for the petitioner submitted that he would comply the objections raised by the registry and the petition was ordered to be listed next week. Despite granting several opportunities, the office objections are not complied with.
The petition is listed today for orders regarding noncompliance of office objections for the tenth time. A perusal of
the entire order sheet reveals that despite granting sufficient opportunities, the office objections are not complied with. Furthermore, the petition is filed in the year 2021. Now we are in the month of August 2024. The petition is pending for almost three years. As already noted above, though matter called twice, there is no representation on behalf of the petitioner, either personally or through video conferencing. It appears that the petitioner is not diligent in prosecuting the petition. Hence, the Writ Petition is dismissed for non-prosecution and also for non-compliance of office objections.
Sd/(JYOTI MULIMANI) JUDGE
TKN
LIST NO.: 1 SL NO.: 32
1 provisions across 1 enactments
Shri. B.M. Risaldar
The State of Karnataka, Secretary, Revenue Department
The Land Tribunal, Belagavi, by its Secretary, Special Tahasildar
The Chief Executive Officer, The Karnataka State Board of Wakfs
Manzoor S/o Hushensab Mujavar
Zahoor S/o Hushensab Mujavar
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
