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2025 DAILYLAW 10763 (KAR)

DR WASEEMUDDIN v. STATE AND ORS

WP/202764/2024 · 2025-04-25

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC-K:2481 WP No. 202764 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.202764 OF 2024 (GM-WAKF) BETWEEN: DR. WASEEMUDDIN S/O. ALLAHUDDIN TIRANDAZ, AGE: 30 YEARS, OCC: MEDICAL PRACTITIONER, R/O: VILLAGE RUKMAPUR, TQ: SURPUR, DIST: YADGIR – 585 242. …PETITIONER (BY SRI. MOHD FAHMEED KHAN, ADVOCATE) AND: 1. STATE REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF MINORITY WELFARE, HAJJ & WAQF, VIKAS SOUDHA, BENGALURU – 560 001. 2. UNDER SECRETARY, DEPARTMENT OF MINORITY WELFARE, HAJJ & WAQF, VIKAS SOUDHA, BENGLAURU – 560 001. 3. DEPUTY COMMISSIONER, YADGIR, MINI VIDHAN SOUDHA, YADGIR – 585 201. …RESPONDENTS (BY SMT. ARATI M. PATIL, AGA) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2481 WP No. 202764 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATION FILED BY THE KHAZI SIRAJUDDIN THE PATERNAL UNCLE OF THE PETITIONER DATED 07.06.2022 VIDE ANNEXURE-B DULY ACKNOWLEDGE BY THE RESPONDENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) This writ petition is filed by Dr.Waseemuddin seeking the Court to direct the respondents to consider the representation which is filed at Annexure-B. However a perusal of the said representation reveals that the said representation was given by one Sri Khazi Sirajuddin. Annexure-B is a copy of representation and it does not show even the date of giving such representation. 2. A person who is aggrieved by the inaction of the governmental department is no doubt entitled to file a writ petition. However, in the case on hand, the writ - 3 - NC: 2025:KHC-K:2481 WP No. 202764 of 2024 petition is filed by a third party. Though learned counsel for the petitioner states that the representation was given by Sri Khazi Sirajuddin seeking for appointment of the petitioner herein as hereditary mutwalli, as no affidavit of Sri Khazi Sirajuddin is filed along with this writ petition and as the representation is undated, this Court is of the view that no orders on merits can be passed basing on the said representation. 3. Therefore, the writ petition is dismissed giving liberty to the petitioner to file a fresh writ petition enclosing all relevant documents to establish the cause of action. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE SN List No.: 1 Sl No.: 18 CT:NI