Disposed¶38

Mohammad Mustak v. the Deputy Commissioner Belagavi

Karnataka HC1 Aug 2025WP/27538/2016

Case brief

AI extract

What is this about?

Karnataka HC Dharwad Bench; NC: 2025:KHC-D:9602; WP No. 27538 of 2016 (GM-RES); Justice Suraj Govindaraj; certiorari under Articles 226 and 227 against paper publication in Vijaya Vani daily newspaper dated 29.04.2016 by Commissioner, Corporation of City of Belagavi (Annexure-J); liberty to file appeal before Regional Commissioner within 10 weeks; appeal to be disposed of expeditiously, preferably within 8 weeks; interim order continued until disposal; follows W.P. No. 105804 of 2015 (14.09.2015); writ petition disposed of.

What did the court decide?

Liberty to the petitioners to file an appeal before the Regional Commissioner within 10 weeks; the Regional Commissioner to dispose of the appeal expeditiously, preferably within 8 weeks of receipt; interim order(s) in operation to continue until disposal of the appeal. ¶38

Mohammad Mustak Vs the Deputy Commissioner Belagavi — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶38

Issue for consideration

Whether the paper publication made by Respondent No. 2 in the Vijaya Vani daily newspaper dated 29.04.2016 (Annexure-J) is liable to be quashed by a writ of certiorari under Articles 226 and 227 of the Constitution of India.

¶22

Ratio / Principle

Following the course adopted in W.P. No. 105804 of 2015 (decided 14.09.2015), liberty is granted to the petitioners to file an appeal before the Regional Commissioner within a period of 10 weeks from the date of the order.

¶30

Key takeaways

The Regional Commissioner is directed to consider and dispose of the appeal expeditiously, preferably within 8 weeks from the date of receipt of the appeal.ratio¶31
Any interim order currently in operation shall continue to remain in force until the disposal of the appeal by the Regional Commissioner.ratio¶37

Detailed headnote1 paragraphs

Writ Petition (GM-RES) disposed of by the High Court of Karnataka, Dharwad Bench (Suraj Govindaraj, J.), order dated 01-08-2025. The petitioners had sought a writ of certiorari under Articles 226 and 227 of the Constitution of India to quash the paper publication made by Respondent No. 2 (Commissioner, Corporation of City of Belagavi) in the Vijaya Vani daily newspaper dated 29.04.2016 (Annexure-J). Noting that a similar matter had been decided by the Court on 14.09.2015 in W.P. No. 105804 of 2015, where the petitioners were permitted to approach the Regional Commissioner by filing the necessary appeal, the Court granted the present petitioners liberty to file an appeal before the Regional Commissioner within 10 weeks, directed the Regional Commissioner to consider and dispose of the appeal expeditiously, preferably within 8 weeks from receipt, and continued any interim order in operation until disposal of the appeal. The writ petition was disposed of accordingly.

¶1

¶2

NC: 2025:KHC-D:9602 WP No. 27538 of 2016

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶5

DATED THIS THE 1^ST DAY OF AUGUST 2025

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

¶8

WRIT PETITION NO.27538 OF 2016 (GM-RES)

¶9

BETWEEN:

¶10

MOHAMMAD MUSTAK

¶11

S/O. MOHAMMAD GOUSE PATEL, AGE: 50 YEARS, OCC: BUSINESS, R/O: HOUSE NO.3, BAZAAR GALLI, KHASBAGH, DIST: BELAGAVI – 590 001.

¶12

MOHAMMAD SHOIBH S/O. MOHAMMAD GOUSE PATEL, AGE: 47 YEARS, OCC: BUSINESS, R/O: HOUSE NO.3, BAZAAR GALLI, KHASBAGH, DIST: BELAGAVI – 590 001.

¶13

SMT. ZARINA W/O. ABDUL MUTALIF BAGWAN, AGE: 45 YEARS, OCC: BUSINESS, R/O: HOUSE NO.4, BAZAAR GALLI, KHASBAGH, DIST: BELAGAVI – 590 001.

¶14

…PETITIONERS

¶15

(BY SRI. M. H. PATIL, ADVOCATE)

¶16

AND:

¶17

Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad

¶18

THE DEPUTY COMMISSIONER BELAGAVI, D.C.COMPOUND, SANGOLLI AYANNA ROAD, BELAGAVI, DIST: BELAGAVI.

¶19

THE COMMISSIONER, CORPORATION OF CITY OF BELAGAVI OLD P.B.ROAD, BELAGAVI – 590 001.

¶20

…RESPONDENTS

¶21

(BY SRI. SHARAD V. MAGADUM, AGA FOR R1; SRI. VINAY S. KOUJALAGI, ADVOCATE FOR R2)

¶22

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER PASSED I.E.THE PAPER PUBLICATION MADE BY THE RESPONDENT NO. 2 IN TEH VIJAYA VANI DAILY NEWS PAPER DATED 29.04.2016 VIDE ANNEXURE - J AND ETC.,

¶23

¶24

NC: 2025:KHC-D:9602 WP No. 27538 of 2016

¶25

HC-KAR

¶26

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶27

ORAL ORDER

¶28

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

¶29

Learned counsel for the petitioners and learned Additional Government Advocate have brought to the Court’s attention that a similar matter was decided by this Court on 14.09.2015 in W.P. No. 105804 of 2015, wherein the petitioners were permitted to approach the Regional Commissioner by filing the necessary appeal.

¶30

Accordingly, in the present petition, liberty is granted to the petitioners to file an appeal before the Regional Commissioner within a period of 10 weeks from today.

¶31