Syed Sha Sultan Ahmed Quadri Vs State of Karnataka

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1 - NC: 2025:KHC-K:2140 WP No. 201006 of 2025

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IN THE HIGH COURT OF KARNATAKA

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KALABURAGI BENCH

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DATED THIS THE 3^RD DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201006 OF 2025 (GM-WAKF)

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BETWEEN:

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SRI. SYED SHA SULTAN AHMED QUADRI S/O. SYED SHA ABDUL HASSAN QUADRI, AGED ABOUT 73 YEARS, MUTHAWALLI & SAJJADA NASHEEN, DARGAH HAZRATH SYED SHAH ABDUL HASSAN, QUADRI DASTAGEER SANI(SUNNI), KANKAL VILLAGE, BHAGEWADI TALUKA, VIJAYAPURA – 584 203.

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…PETITIONER

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(BY SRI. SUSHIT GANACHARI, ADVOCATE FOR SRI. NAVEEN SALIMATH, ADVOCATE)

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AND:

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Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, 3^RD GATE, 5^TH FLOOR, MS BUILDING, DR.AMBEDKAR VEEDI, BANGALORE – 560 001.

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THE TASHILDAR, BASAVAN BAGEWADI, TASHILDHAR OFFICE COMPOUND, GANDHI CIRCLE, BAGEWADI – 586 203.

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THE SUPERINTENDENT OF POLICE VIJAYAPURA SOLAPUR ROAD, VIJAYAPURA, KARNATAKA – 586 101.

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KARNATAKA STATE BOARD OF AUQAF REPRESENTED BY ITS CEO DARUL AUQAF NO.6, CUNNINGHAM ROAD, VASANTH NAGAR, BANGALORE – 560 051.

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DISTRICT WAQF OFFICER, VIJAYAPURA TAJBAVADI, VIJAYAPURA – 586 101.

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…RESPONDENTS

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(BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3,)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE ORDER/ DIRECTION/ WRIT IN NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 5 TO CONSIDER THE REPRESENTATION DATED 01.03.2025, 21.02.2025 AND 01.03.2025 ANNEXURE-D AND D1 TO D3 AND REPRESENTATION DATED 21.03.2025, 07.03.2025, 19.03.2025 AND 21.03.2025 VIDE ANNEXURE-E AND E1 TO E3 AND ETC.

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

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL ORDER

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(PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)

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Learned Additional Government Advocate waives notice for respondent Nos.1 to 3.

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Heard Sri.Sushit Ganachari who represents Sri.Navin Salimath, learned counsel on record for the petitioner as well as learned Additional Government Advocate.

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This writ petition is filed seeking the Court to issue a writ in the nature of mandamus directing the respondent Nos.2 to 5 to consider the representations that were submitted by the writ petitioner.

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Learned counsel for the writ petitioner submits that the petitioner is the Mutawalli of Dargah Hazrath Syed Shah Abdul Hassan Quadri Dastageer Gani which is located at Kankal Village, Basavana Bagewadi Taluk, Vijayapura district. 314^th Urs event is scheduled to be held from 04.04.2025 to 07.04.2025. The petitioner apprehends breach of law and order by anti social

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elements and therefore, the petitioner seeks for police protection.

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Learned Additional Government Advocate who represents the respondents submits that there is a civil litigation that is pending between the petitioner and others since long time before the Waqf Tribunal. The Waqf Tribunal is yet to dispose of the case. Learned Additional Government Advocate also states that in case there is any threat to law and order, the Superintendent of Police, Vijayapura and his team will look into the issue and take necessary steps.

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Learned Additional Government Advocate also states that in the light of the civil litigation pending, the petitioner has filed this writ petition seeking some sort of orders which are indeed not required. The petitioner’s sole intention is to project that the Court is in his favour.

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On a query posed by this Court, learned counsel for the writ petitioner states that the litigating party who is the opponent of the petitioner in the civil suit may commit

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acts of violence. However, such a litigating party is not arrayed as party to this writ petition.

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Sri.M.M.Patel, learned counsel submits that he represents proposed party who filed I.A.No.1/2025 for impleadment. Learned counsel states that every year the petitioner is in the habit of raising one or the other issue to pose threat to proposed party. Learned counsel brought to the notice of this Court the order that is rendered in W.P.No.201130/2023 dated 29.03.2023 by which similar relief sought for, however, for a different period was negated by this Court.

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Learned counsel for the writ petitioner states that the petitioner also filed W.P.No.200947/2024 seeking similar relief for conducting 313^th Urs and the said writ petition was allowed.

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In the case on hand, there is no material on record to show the basis on which the petitioner apprehends such breach of law and order. What prevented the petitioner to array the person from whom he

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apprehends such threat as party to this writ petition is not stated. Admittedly, police authorities will take care of each

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and every situation. Unless and until imminent threat is established, order by exercising writ jurisdiction for giving directions to the police to perform their duties cannot be issued. Therefore, this Court is of the view that writ petition lacks merits.

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