Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9049-DB CCC No. 1012 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 1012 OF 2023 BETWEEN:
MR.K.M. RIZWAN OMER SON OF UMMAR PASHA, EX – CHAIRMAN, BELLARYDISTRICT, AGED 52 YEARS, WAKF ADVISORY COMMITTEE, R/AT NO 74, WARD NO. 10, BASHA COMPOUND, BOMMANAHALL ROAD, BELLARY TOWN, BELLARY, KARNATAKA – 583 101. …COMPLAINANT (BY SRI. THAMMAIAH H N., ADVOCATE) AND:
1.
MRS. VANDITA SHARMA I.A.S THE CHIEF SECRETARY, THE STATE OF KARNATAKA, VIDHANA SUODHA, AMBEDKAR VEEDHI, BENGALURU – 560 001.
2.
MR. MANOJ JAIN I A S THE PRINCIPAL SECRETARY, THE DEPARTMENT OF MINORITY HAJI AND WAKF, VIKASA SOUDHA, AMBERDKAR VEEDHI BENGALURU – 560 001.
Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:9049-DB CCC No. 1012 of 2023
3.
MR. KHAN PARVEZ, THE CHIEF EXECUTIVE OFFICER, THE KARNATAKA STATE BOARD OF AUQAF, NO. 6, KUNNIGHAM ROAD, BENGALURU – 560 052.
4.
THE STATE OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU – 560 001 REP. BY THE CHIEF SECRETARY …ACCUSED (BY SRI. HARISHA A.S., AGA FOR A-1 TO A-3 AND PROFORMA R-4)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR WILLFULLY DISOBEYING OF THE FINAL ORDER/DIRECTION OF THIS HON’BLE COURT DATED 02.06.2023 PASSED IN WRIT PETITION NO.11338/2023 (GM-WAKF) AS PER ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T
ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This contempt petition is filed by the complainant against the respondents/accused for willful disobedience of the order passed by the learned single Judge in W.P.No.11338/2023 (GM-WAKF) dated 02.06.2023 vide annexure-A.
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NC: 2025:KHC:9049-DB CCC No. 1012 of 2023
2. Learned counsel Sri Thammaiah H N for the complainant is on record, but there is no representation either through video conferencing or present before the Court physically. 3. Even though the matter is listed for non-compliance of office objections for the second time, counsel for the complainant has not complied the same. 4. Learned AGA for respondent Nos.1, 2 and 4 is present before the Court physically. He submits that compliance affidavit along with Annexures R1 and R2 has been filed on 06.01.2024 in compliance of the order passed by the learned single Judge in the aforesaid writ petition. 5. The compliance affidavit consists paragraphs 1 to 6. In paragraph 4 of the affidavit, it is stated that in furtherance of the above said order, the Office of the Department of Minority Welfare, Hajj and Wakf has duly considered the representation of the complainant dated 15.03.2023 at Annexure-C and a Committee has been constituted on 20.11.2023 constituting the Enquiry Committee. Further, in paragraph 5 of the affidavit, it is stated that the first meeting of Enquiry Committee was held on 30.12.2023. It is also
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NC: 2025:KHC:9049-DB CCC No. 1012 of 2023
submitted that in respect of the allegations of the Complainant, an Enquiry was independently conducted earlier by the Office of the Department of Minority Welfare, Hajj and Wakf, on
30.03.2023. As a part of this enquiry there was a preliminary finding that there appears to be some irregularities in the functioning of the Wakf Institution, Jamia Masjid, Varthur, Bengaluru. Upon the completion of the initial enquiry on 30.03.2023, the Department of Minority Welfare, Hajj and Wakf was also in consultation with the Karnataka State Board of Auqaf to take further steps in the matter. The copy of preliminary enquiry report is produced as Annexure-R2. 6. Keeping in view the submission made by learned AGA and the compliance affidavit filed by the respondents/accused, this contempt proceedings does not survive for consideration. Consequently, the contempt proceeding is hereby closed.
Sd/- (K.SOMASHEKAR) JUDGE
Sd/- (VENKATESH NAIK T) JUDGE DKB List No.: 1 Sl No.: 7