Dismissed

Muktar Ahmed S/O Maqbool Ahmed v. the Karnataka State and Ors.

Karnataka HC5 Dec 2024WP/200871/2023

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ petition challenging the Wakf Board's resolution appointing a Muthwalli. Due to the pendency of a related suit before the Wakf Tribunal and a long litigation history, the Court dismissed the petition without commenting on merits and directed parties to seek remedies in the Tribunal.

What did the court decide?

Petition disposed of without interfering with the impugned Resolution/Order; parties relegated to Wakf Tribunal.

Muktar Ahmed S/O Maqbool Ahmed Vs the… — Pension and Retirement Benefits | Karnataka HC (2024)

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 5^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 200871 OF 2023 (GM-WAKF)

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BETWEEN:

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MR. MUKTAR AHMED S/O MAQBOOL AHMED AGED ABOUT 55 YEARS R/O CHAMANCHOD VILLAGE, CHINCHOLI TALUK, KALABURAGI 586 036

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…PETITIONER

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(BY SRI. BIRADAR SHOUKATALI USMAN PATEL, ADVOCATE)

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AND:

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Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA

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THE KARNATAKA STATE BOARD OF AUQAF NO. 6 DARUL AWKAF CUNNIGHAM ROAD BENGALURU 560 052 REPTD BY ITS CHAIRMAN

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THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF AUQUF, NO.6, DARUL AWKAF, CUNNIGHAM ROAD, BENGALURU 560 052

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SHRI MOHAMMED MOHUDDIN SHAH QUADRI AZEEZI, SON OF KHAJA MOINUDDIN @ BABA MIYAN SOLAPURI AGED ABOUT 31 YEARS

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DARGAH HAZRATH SYED SHAMSHUDDIN QUADRI ALIAS NANA HAZRATH, CHITAGUPPA VILLAGE, HUMNABAD TALUK, BIDAR DISTRICT 585 412

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…RESPONDENTS

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(BY SRI.NARESH V. KULKARNI, ADVOCATE FOR R1 & R2; SRI. SHIVASHARANA REDDY, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED 342^ND BOARD RESOLUTION DATED 12.01.2023 AT ANNEXURE- A PASSED BY THE RESPONDENT NO. 1 RESOLVING TO APPOINT THE RESPONDENT NO. 3 AS MUTHWALLI OF DARGAH HAZRATH SYED SHAMSHUDDIN QUADRI ALIAS NANA HAZRATH, CHITAGUPPA, HUMNABAD TALUK, BIDAR DISTRICT AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)

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In this petition, petitioner seeks for the following reliefs:-

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“a. Issue writ of certiorari and quash the impugned 342^nd Board resolution dated 12.01.2023 at Annexure-A passed by the respondent No.1 resolving to appoint the respondent No.3 as Muthwalli of Dargah Hazrath Syed Shamshuddin Quadri Alias Nana Hazrath, Chitaguppa, Humnabad Taluk, Bidar District.

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b. Issue writ of certiorari and quash the impugned order bearing No.KSBA/MSC/BDR/53/2016-17 dated 09.02.2023 at Annexure-B issued by the respondent No.2 appointing the respondent No.3 as Muthawalli Dargah Hazrath Syed Shamshuddin Quadri Alias Nana Hazrath, Chitaguppa, Humnabad Taluk, Bidar District.

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c. Issue writ of issue writ of mandamus directing the respondent Nos.1 and 2 to take the institution under direct management thereafter to appoint Managing Committee to the Dargah Hazrath Syed Shamshuddin Quadri Alias Nana Hazrath, Chitaguppa, Humnabad Taluk, Bidar District.

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d. To pass such other order/s as this Hon’ble Court may deem fit in the facts and circumstance of the case, in the interest of justice and equity.”

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Heard learned counsel for the parties and perused the

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material on record.

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A perusal of the material on record will indicate that the

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present writ petition has a chequered history comprising of various litigations which ultimately culminated in C.R.P.No.200037/2016 at Annexure-N passed by this Court dated 15.11.2021. In pursuance

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of the same, an enquiry was conducted against the 3^rd respondent and enquiry report was submitted to the Board by an Enquiry officer, pursuant to which, respondents 1 and 2 proceeded to pass the impugned Resolution at Annexure-A dated 12.01.2023 followed by the impugned order at Annexure-B dated 09.02.2023, which are assailed in the present petition. In the meanwhile, there is also a suit in O.S.No.15/2023 filed by the 3^rd respondent against the petitioner and others, which is pending before the Wakf Tribunal, Kalaburagi.

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In view of the aforesaid facts and circumstances and the long history of various litigations between the petitioner and 3^rd respondent as well as pendency of the suit in O.S.No.15/2023 before the Wakf Tribunal, Kalaburagi, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition without interfering with the impugned Resolution / order and leaving open all contentions to be urged by both sides in O.S.No.15/2023 by relegating the parties to the Wakf Tribunal, Kalaburagi, before which the aforesaid suit is pending.

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In the result, I pass the following:-

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ORDER

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(i) Petition is hereby disposed of without interfering with the impugned Resolution / order at Annexure-A dated 12.01.2023 and Annexure-B dated 09.02.2023 respectively.

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(ii) Parties are relegated to workout their remedies in O.S.No.15/2023 pending before the Wakf Tribunal, Kalaburagi, and also take recourse to such remedies as available in law.

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(iii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

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(iv) It is needless to state that in view of disposal of the present petition by the present order, the interim order granted in the present petition shall stand automatically dissolved.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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Srl.

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List No.: 2 Sl No.: 47

Muktar Ahmed S/O Maqbool Ahmed v. the Karnataka State and Ors.

Case brief

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Muktar Ahmed S/O Maqbool Ahmed v. the Karnataka State and Ors.

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